41.WP.75.2025 .doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 75 OF 2025 Kamlesh K Nair & Anr ....Petitioners V/S State of Maharashtra & Ors. ...Respondents Mr. Prasad Avhad i/b. Mr. Kuldeep Nikam for the Petitioners. Mrs. Neha S. Bhide, GP a/w. Dr. Dhruti Kapadia, AGP for the Respondent No. 1 CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 22nd SEPTEMBER, 2026. P.C.: 1. Heard learned Counsel for the Petitioners. 2. The instant Writ Petition is preferred inter alia seeking the following substantive reliefs: “(a) This Hon'ble Court may be pleased to issue a writ of mandamus or any other writ order or direction in the nature of mandamus thereby directing the Hon'ble Minister of Finance, State of Maharashtra to expeditiously and in a time bound manner decide the Appeal No. 18 of 2020 pending before the Hon’ble Minister of Finance, State of Maharashtra preferred by the present Petitioners on its own merits; (b) That during the pendency and final disposal of the present Writ Petition, the Hon'ble Minister of Finance, State of Maharashtra may kindly be directed to take the hearing of the Appeal No. 18 of 2020 pending before the Hon'ble Minister of Finance, State of Maharashtra preferred by the present Petitioners and to hear the same on its own merits expeditiously; c) That during the pendency and final disposal of the present Writ Petition, the Execution Application No. 72 of 2020 pending before Ld. Civil Judge, Junior Division, Pune thereby seeking execution of AKN 1 ANANT KRISHNA NAIK Digitally signed by ANANT KRISHNA NAIK Date: 2026.09.23 10:56:44 +0530 41.WP.75.2025 .doc the Award dated 15/11/2019 passed by Ld. Arbitrator and Joint Registrar of Chits, Pune may kindly be stayed.” 3. Mr. Avhad, the learned Counsel for Petitioners submits that the Petitioners are aggrieved by an award of the learned Joint Registrar of Chits, Pune dated 15 th November, 2019 against which an Appeal had been preferred in the year 2020. He submits that the Appeal was preferred before the Respondent No. 1 alongwith the Stay Application preferred in 2022. Since then, the same is pending for consideration. The record indicates that in Criminal Case C. R. No. 513/2016 registered with Yerwada Police Station, Pune under Sections 406, 420 r/w. 34 of India Penal Code, 1860 against the Petitioners, the Petitioners had deposited an amount of Rs.27,22,125/- in the Sessions Court, Pune, as a pre-condition for granting bail. Mr. Avhad claims that deposit of such amount would duly secure the Respondents. He submits that in the absence of disposal of the Stay Application, the Petitioners are suffering irreparable loss. 4. Learned Counsel for the Respondent-State on instructions submits that in case the Appeal is pending, all efforts would be made to dispose it, as per the roster, by firstly disposing the Stay Application and then the Appeal, would be disposed of expeditiously. 5. Considering the factual situation as emerged, we observe that since the Appeal alongwith the Stay Application is pending since 2020/2022 for indefinite period, it cannot be presumed that in absence of stipulated time period, the Stay Application would not be disposed of. AKN 2 41.WP.75.2025 .doc 6. In our view, substantial justice would be served in case the Stay Application is disposed of. We accordingly request the Respondent No. 1, to dispose of the Stay Application expeditiously, preferably within four weeks from date of uploading of this Order and Appeal may also be decided within three months. The Order shall be communicated to the Minister, by the State, through their advocate/s. 7. With the aforesaid observation, the Writ Petition is Disposed Of. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] AKN 3