45-WP-14338-2025 (C) .odt Pallavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14338 OF 2025 Shreemangal Enterprises Thru. T. D. Gupta ...Petitioner Versus Pramod Eknath Wankhedkar And Ors ...Respondents ... Mr. R.M. Haridas i/b. Ajinkya Jaibhave for the Petitioner. Ms. Vishaka V. Pandit i/b. Avinash H. Fatangare for Respondent Nos.1 to 6. Ms. Chaitrali Deshmukh for Respondent Nos.7 and 8. ... CORAM : MAHESH CHANDRA TRIPATHI, CJ. & ADVAIT M. SETHNA, J. DATE : 22nd SEPTEMBER, 2026. P.C.: 1. We have perused the averments in the Petition with the assistance of the learned counsel for the Petitioner. The matter requires consideration. 2. Issue Notice to the Respondents, returnable within three weeks. In addition to Court service, private service is permitted. The learned counsel for the Petitioner to file Affidavit of Service on or before the returnable date. 3. Affidavit-in-Reply be filed by the Respondents within a 1 PALLAVI MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA WARGAONKAR Date: 2026.09.23 12:56:42 +0530 45-WP-14338-2025 (C) .odt period of two weeks from today. Rejoinder, if any, shall be filed one week thereafter. 4. The learned counsel for the Petitioner submits that the Respondent No.7 – Corporation passed an ex-parte order dated 4th March 2025 confirming Notice dated 29th November 2024 issued by Respondent No.8. 5. In the above backdrop, the learned counsel for the Respondent No.7 – Corporation, on instructions, submits that the Respondent No.7 - Corporation is inclined to accord one more opportunity to the Petitioner and after hearing, the parties the order shall be passed. 6. Considering the statements so advanced by the learned counsel for the Respondent No.7 - Corporation, we find that the instant proceeding can be Disposed Of by passing the following order, which would serve the ends of justice :- ORDER (i) The Impugned Order dated 4th March 2025 passed by the Respondent No.7 – Commissioner, is set aside and the matter is remanded back to the Respondent – Corporation to be decided afresh after giving opportunity of hearing to all parties. 2 45-WP-14338-2025 (C) .odt (ii) Respondent No.7 – Corporation shall take a final decision in accordance with law within a period of six weeks from today. (iii) We clarify that any decision so taken by the Respondent – Corporation shall not prejudice the rights of the Petitioner to assail the same in subsequent legal proceedings, in accordance with law. (iv) In view of the above directions, the Writ Petition is Disposed Of as Partly Allowed. [ADVAIT M. SETHNA, J.] [CHIEF JUSTICE] 3