Judgment · Supreme Court · 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADCIVIL APPLICATION NO.12806 OF 2025INWRIT PETITION NO.12956 OF 2025M/s. Shirish and Company represented by its Principal Partner Mr. Shirish DOstwal VersusUnion of India and others…WITHCIVIL APPLICATION NO.14323 OF 2025IN REVIEW APPLICATION (CIVIL) NO.64 OF 2024IN WP/3416/2024M/s. Shirish and Company represented by its Founder Partner Mr. Dalichand OswalVersusChairman and Managing Director, Hindustan Petroleum Corporation Limited andothers...WITHCIVIL APPLICATION NO.843 OF 2026INREVIEW APPLICATION (CIVIL) NO.64 OF 2024IN WP/3416/2024M/s. Shirish and Company represented by its Founder Partner Mr. Dalichand OswalVersusChairman and Managing Director, Hindustan Petroleum Corporation Limited andothers…Mr. Duraisamy Baskaran, Advocate h/f Ms. Ranjana D. Reddy, Advocate for theapplicants.Mr. R. D. Sanap, Central Government Counsel for respondent No.1 inCA/12806/2025.Ms. Anjali Dube, Advocate for Respondent Nos.2 to 16 in CA/12806/2025.... CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ. RESERVED ON : 21 JANUARY 2026 PRONOUNCED ON : 24 FEBRUARY 2026[1] ca-12806-2025.odtORDER (Per Smt. Vibha Kankanwadi, J.) :-.Civil Application No.12806 of 2025 has been filed for stay / statusquo and amendment. The learned Advocate for the petitioner submittedthat the copy of the application has been served on the other side, however, it is to be noted that there is no acknowledgment annexedalong with the application or the service affidavit of the same has notbeen filed. 2.Civil Application No.14323 of 2025 has been filed in the reviewapplication, wherein the applicant prays that the respondent be debarredfrom filing their affidavit in review application due to their intentionalfailure to comply with the order passed this Court on 24.11.2025. CivilApplication No.843 of 2026 has been filed to pass an order of No Sayagainst the respondents. 3.The first and the foremost fact to be noted is that there is no suchprocedure of passing No Say order. By order dated 24.11.2025, affidavit-in-reply has been filed on behalf of respondent Nos.2 to 16, which wasthen taken on record. After we had heard the learned Advocate for thepetitioner for substantial time, we found that there is also a reviewapplication in the connected matter. Notice of review application was notissued to the respondents and, therefore, by said order dated 24.11.2025,[2] ca-12806-2025.odtwe had issued notices to respondent Nos.1 to 6 in Review ApplicationNo.64 of 2024 and then given time to them to file affidavit-in-reply, ifany, within a period of three weeks. If the affidavit is not filed, thenautomatically the matter would come up for hearing in absence of suchaffidavit-in-reply. Still, it would be in the discretion of this Court to allowany party to tender the affidavit, provided a copy of the same is given tothe other side in advance. It appears that unnecessarily the applicationshave been filed with a prayer for passing order of No Say and, therefore, we do not find any merit in Civil Application Nos.14323 of 2025 and 843of 2026. Both the applications stand rejected. 4.As regards Civil Application No.12806 of 2025 is concerned, wedirect the parties to submit their submissions on the next date i.e.24.03.2026.[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGEscm[3]