M/S. Prashant Construction Co. Thr. Its Partner, Nagpur vs the Union of India, Thr. Secretary for Ministry of Road Transport and Highways, New Delhi and Ors. — Bombay HC (2026) — LawSathi Research

M/S. Prashant Construction Co. Thr. Its Partner, Nagpur vs the Union of India, Thr. Secretary for Ministry of Road Transport and Highways, New Delhi and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of as withdrawn with liberty to approach the Executive Engineer, Special Project Division, Sironcha to claim the amount of the 12th and final bill; the Executive Engineer expected to take his communication dated 28.01.2026 to its logical end; all points kept open.

Issue for consideration

Whether the respondents should be directed to release the 12th and final bill pertaining to the work in question, which the office of the Executive Engineer, Special Project Division, Sironcha had communicated (dated 28.01.2026) as prepared and finalized.

Court's answer

The Court permitted the petitioner to withdraw the writ petition, with liberty to approach the Executive Engineer, Special Project Division, Sironcha to claim the said amount (of the 12th and final bill).

Ratio / Principle

If such an application is made, the Executive Engineer, Special Project Division, Sironcha is expected to take his communication dated 28.01.2026 to its logical end.

Key takeaways

All the points in the petition are kept open.ratio¶6

Detailed headnote1 paragraphs

BOMBAY HIGH COURT (NAGPUR BENCH) — W.P. No.1897 of 2025 (decided 04.02.2026; Anil S. Kilor & Raj D. Wakode, JJ.). M/s Prashant Construction Co. (through its Partner, Nagpur), intending to pursue its dispute before the learned Arbitrator against the Union of India (Ministry of Road Transport and Highways), sought permission to withdraw its writ petition. Counsel invited the Court's attention to a communication dated 28.01.2026 recording that the 12th and final bill pertaining to the work in question had been prepared and finalized by the office of the Executive Engineer, Special Project Division, Sironcha, and prayed for a direction to the respondents to release the bill. The Court permitted withdrawal with liberty to approach the said Executive Engineer to claim the amount, observed that the Executive Engineer 'is expected to take his communication dated 28.01.2026, to its logical end', and kept all points open. Petition disposed of as withdrawn; no statutory provision or precedent was engaged; no monetary figure is stated.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1897 OF 2025

M/S. PRASHANT CONSTRUCTION CO. THR. ITS PARTNER, NAGPUR

VS

THE UNION OF INDIA, THR. SECRETARY FOR MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI AND ORS.

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞ Mr. Rahul Dhande, Advocate for the petitioner/s Ms Mugdha Chandurkar, Advocate for the respondent No.1

CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 04.02.2026

Since, the petitioner intends to avail the alternative remedy of filing a dispute before the learned Arbitrator, the petitioner seeks permission to withdraw the present petition.

2. At this stage, the learned counsel for the petitioner invites attention of this Court to the communication dated 28.01.2026, whereby it was informed to the petitioner that 12^th and final bill pertaining to the work in question has been prepared and finalized by the office of the Executive Engineer, Special Project Division, Sironcha. He, therefore, prays for a direction to the respondents to release the said bill.

3. Since the petitioner is withdrawing the present petition, we permit the petitioner to withdraw the same with liberty to approach the Executive Engineer, Special Project Division, Sironcha to claim the said amount.

nd.thawre

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4. Accordingly, the writ petition is disposed of as withdrawn with liberty as prayed for.

5. If such an application is made, the Executive Engineer, Special Project Division, Sironcha, is expected to take his communication dated 28.01.2026, to its logical end.

6. All the points are kept open.

Signed by: Mr. Niranjan Thawre Designation: PA To Honourable Judge nd.thawre Date: 04/02/2 026 20:01 :04