MY OWN ECO ENERGY PRIVATE LMITED v. UNION OF INDIA THR THE SECRETARY MINISTRY OF LAW AND JUSTICE AND ANR
WP/15087/2024 · 2025-11-04
Advait M Sethna, Shri M S Sonak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76665 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76665 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
11-WP-15087-2024.DOCX Amol IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15087 OF 2024 My Own Eco Energy Pvt Ltd …Petitioner Versus Union of India thr. The Secretary Ministry of Law & Justice & Anr …Respondents ______________________________________________________ Mr Brijesh Pathak, with Ms Vaishnavi Murkute & Ms Aditi Ravidas, for the Petitioner. ______________________________________________________ CORAM M.S. Sonak & Advait M. Sethna, JJ. DATED: 04 November 2025 PC:-
1. Mr Pathak, the learned Counsel for the Petitioner fairly accepts that the issue raised in this Petition is similar to the issue raised in Writ Petition No. 10545 of 2024 and Writ Petition No. 10546 of 2024 disposed of by this Court by order dated 8 September 2025.
2. The challenge in this Petition is to the impugned order in original against which the Petitioner has an alternate and efficacious remedy of an Appeal. By order of 8 September 2025 referred to above, we had relegated this very Petitioner, who had instituted the said Petition to the remedy of an Appeal. AMOL PREMNATH JADHAV Digitally signed by AMOL PREMNATH JADHAV Date: 2025.11.07 13:14:05 +0530
11-WP-15087-2024.DOCX
3. Therefore, by following the reasoning in our order dated 8 September 2025, we decline to entertain this Petition but relegate the Petitioner to avail of the alternate remedy of Appeal if the Petitioner so chooses.
4. If the Appeal is instituted within four weeks of the uploading of this order after complying with the requisite conditions like pre-deposit etc., the Appellate Authority is
directed to consider such Appeal on merits without adverting to the issue of limitation. This is because this Petition was instituted within the prescribed period of limitation and was pending before this Court. The Petitioner was bona fide pursuing this Petition.
5. All contentions of all parties on merits, including the contention raised in this Petition are expressly left open.
6. In the peculiar facts of this case, we request the Appellate Authority to expedite the disposal of this Appeal.
7. This Petition is disposed of with the above liberty and without imposing any costs.
8. All concerned must act on an authenticated copy of this
order. (Advait M. Sethna, J) (M.S. Sonak, J)