Bombay High Court
Union Of India Through The Deputy Salt ... vs The Estate Investment Company Pvt.Ltd. ... on 13 February, 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.1430 OF 2019
Union of India,
Through the Deputy Salt Commissioner .. Appellant
Vs.
The Estate Investment Company Pvt. Ltd. & Ors. .. Respondents
Mr. Anil C. Singh, Additional Solicitor General with Mr. Aditya
Thakkar, Ms. Savita Ganoo, Mr. Ameya Mahadik, Mr. Siddha
Pamecha, Ms. Simantini Mohite, Mr. Ashish Mehta, Mr. Adarsh
Vyass, Mr. Rama Gupta, Mr. Rajdutt Nagre and Mr. Krishnakant
Deshmukh, Advocates for the Appellant.
Mr. Saurabh Kirpal, Senior Advocate, with Mr. Girish Godbole,
Senior Advocate, Mr. Jaydeep Oza and Mr. Mustafa Nulwala, i/by
Ms. Tabbassum Achhan, Advocates for Respondent No.1.
Mr. Aspi Chinoy, Senior Advocate, with Mr. Yohaan Shah, Ms.
Rujuta Patil, Mr. Hasan Mushabber and Adv. Divishada Desai,
Advocates, i/by Negandhi Shah & Himayatullah, for Respondent
No.2.
Mr. A.R. Patil, Additional Government Pleader for Respondent
Nos.3 to 5-State of Maharashtra.
CORAM : SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE : 13TH FEBRUARY 2026. P.C. :
Mr. Aspi Chinoy, the learned senior counsel for the respondent no.2 has tendered brief written submissions and concluded his arguments.
2. Mr. Saurabh Kirpal, the learned senior counsel for the respondent no.1 has also tendered written submissions and relied on the judgments in "Union of India & Ors. v. Vasavi Cooperative 1/3 906-FA-1430-2019.doc Dixit ::: Uploaded on - 24/02/2026 ::: Downloaded on - 27/02/2026 21:21:54 ::: Housing Society Limited & Ors." 1, "Hoechst Pharmaceuticals Ltd. & Ors. v. State of Bihar & Ors." 2, "Desh Bandhu Gupta and Co. & Ors. v. Delhi Stock Exchange Association Ltd." 3 and "Shivakumar & Ors. v. Sharanabasappa & Ors."4.
3. In rejoinder, Mr. Anil Singh, the learned Additional Solicitor General reiterated his arguments and submitted that the respondent which failed to produce the original copy of assignment executed in the year 1945 cannot challenge the title of the Union of India. He further submitted that the judgment in "The Union of India, through Deputy Salt Commissioner & Anr. v. M/s. Mundra Salt and Chemicals Industries & Ors." 5 are distinguishable.
4. In support of his case, the learned Additional Solicitor General has tendered a brief note and relied on the judgments in "Union of India v. Alark Laxman Desai" 6, "Hindustan Petroleum Corporation Ltd. v. Dilbar Singh"7, "Jagdish Hari Thatte v. Municipal Corporation of Greater Bombay"8, "Sathyanath v. Sarojamani"9, "Union of India v. Mundra Salt Works" 10, "The Secretary of State for India v. Chimanlal Jamnadas"11, Tejubhai Kom Dadukhan Junglekhan v. Sub-Collector of Colaba" 12, "Vaman Janardhan Joshi v. Collector of Thane & Conservator of Forest" 13, "Union of India & Anr. v. Dinshaw Shapoorji Anklesari & Ors." 14, "Tata Steel Limited 1 (2014) 2 SCC 269 2 (1983) 4 SCC 45 3 (1979) 4 SCC 565 4 (2021) 11 SCC 277 5 1996 SCC OnLine Bom 243 6 2016 SCC OnLine Bom 9948 7 (2014) 9 SCC 78 8 2006 SCC OnLine Bom 1236 9 (2022) 7 SCC 644 10 (2001) 1 SCC 222 11 ILR 1942 Bom 357 12 Special Appeal No.669 of 1863 13 Regular Appeal No.9 of 1868 14 (2014) 14 SCC 204 2/3 906-FA-1430-2019.doc Dixit ::: Uploaded on - 24/02/2026 ::: Downloaded on - 27/02/2026 21:21:54 ::: v. State of Jharkhand & Ors." 15, "Vikas Kamlakar Walavalkar v. The Deputy Salt Commissioner & Ors." 16, "Ambika Prasad Thakur v. Ram Ekbal Rai"17, "In re : Allocation of Lands and Buildings in a Chief Commissioners Province"18 and "State of U.P. & Ors. v. Saeed Ahmed & Co. & Ors."19.
5. Judgment is reserved.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ] SNEHA ABHAY DIXIT Digitally signed by SNEHA ABHAY DIXIT Date: 2026.02.24 20:51:26 +0530 15 (2015) 15 SCC 55 16 Suit No.1172 of 2005 17 AIR 1966 SC 605 18 AIR 1943 FC 13 19 AIR 1975 ALL 450 3/3 906-FA-1430-2019.doc Dixit ::: Uploaded on - 24/02/2026 ::: Downloaded on - 27/02/2026 21:21:54 :::