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Bombay High Court

Anand Mine Tools Pvt. Ltd., Thr. ... vs The State Of Maharashtra, Thr. ... on 23 January, 2026

Author: Anil Laxman Pansare

Bench: Anil Laxman Pansare

Order                                                                                         wp 6886 & 6898.2025.odt

                                                              1


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH, NAGPUR.

                                     WRIT PETITION NO. 6886 OF 2025
[Anand Mine Tools Pvt. Ltd., through it's Managing Director Hemant S/o Tukaramji Jawade
   vs. The State of Maharashtra through it's Secretary, Department of Finance and anr.]
                                            with
                                     WRIT PETITION NO. 6898 OF 2025
  [Anand Techno Marketing Pvt. Ltd., through it's Managing Director Hemant S/o Tukaramji
      Jawade vs. The State of Maharashtra through it's Secretary, Department of Finance
                                                           and ors.]
---------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda                               Court's or Judge's orders
of Coram, Appearances, Court's orders
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------------------------------------------
                                             Mr. Yash Sawaitul, Advocate for the petitioners
                                             Mr. K. R. Lule, AGP for the respondents

                                            CORAM :            ANIL L. PANSARE AND
                                                               NIVEDITA P. MEHTA, JJ.

DATE : 23-01-2026.

On 9-1-2026, following order was passed.

"Last chance is granted to the respondent to file reply. If reply is not filed, the petition shall proceed without reply and adverse inference will be drawn against the respondents.

Stand over to 23.01.2026."

Learned Assistant Government Pleader (AGP) submits that reply is ready and sent for approval and signature.

Thus, the respondents, despite order as mentioned above, failed to file reply. Nonetheless, we grant one more opportunity to the respondents, subject, however, to payment of costs of Rs. 10,000/- in each Order wp 6886 & 6898.2025.odt 2 petition, to be paid to the petitioner within two weeks from today. The costs may be recovered from erring officers.

Reply shall be filed within two weeks. If the reply is not filed, Secretary, Department of Finance, Mantralaya, Mumbai shall remain present before the Court on next date, either personally or through video conferencing.

Learned AGP shall communicate the order to the respondents.

Learned counsel for the petitioner submits that the respondents cannot proceed with the action of recovery in terms of the law laid down by Delhi High Court in the case of HCL Infosystems Ltd. Vs. Commissioner of State Tax and anr. in W.P. (C) 7391/2024 & CM APPL. 30899/2024 dated 21-11-2024.

Learned AGP shall apprise respondents of the position of law and advise them to take action terms of the law laid down in the said case.

Stand over to 6-2-2026.

                                                           (JUDGE)                         (JUDGE.)

                                      wasnik




Signed by: Mr. A. Y. Wasnik

Designation: PS To Honourable Judge Date: 28/01/2026 10:21:55