52.wp-7044-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7044 OF 2026 Epiroc Mining India Private Limited … Petitioner Versus The Union of India and ors. … Respondents **** Adv. Jas Sanghavi, Adv. Suyog Bhave & Adv. Linzy Sharan i/b. PDS Legal, for the petitioner. Smt. Neha S. Bhide, GP with Smt. S.D. Vyas, Addl. G.P. with Smt. Pooja C. Patil, AGP, for the respondent-State. Adv. Y.R. Mishra a/w. Adv. Niyati Mankad a/w. Adv. Priyanka Singh a/w. Adv. Aryan Taral a/w. Adv. Abhishek Modi, for Respondent Nos. 1 to 6. **** CORAM : M. S. KARNIK & SANDESH D. PATIL, JJ. DATE : 5th OCTOBER 2026 P.C. : 1. Heard the learned Counsel for the Petitioner. 2. On instructions, the learned Counsel for the Petitioner seeks leave to withdraw the Petition with liberty to file appeal against the Order in Original. Leave granted. Writ Petition is disposed of with liberty as prayed for. All contention of the parties are kept open. 3. Considering that the present Petition was filed within time, the Respondents shall not raise an objection of limitation if Talwalkar 1 ARUNA SANDEEP TALWALKAR Digitally signed by ARUNA SANDEEP TALWALKAR Date: 2026.10.06 15:09:55 +0530 52.wp-7044-2026.doc the appeal is filed within a period of 4 weeks from today. 4. Till the appeal is filed within 4 weeks from today, the recovery shall not be initiated. 5. It is made clear that the Appellate Court shall consider the application for stay, if made, on its own merits and in accordance with law without being influenced by the limited protection that this Court has granted. (SANDESH D. PATIL, J.) (M. S. KARNIK, J.) Talwalkar 2