PYRAMID DEVELOPERS vs UNION INDIA THROUGH MINISTRY OF FINANCE

Judgment text excerpt

SNEHA ABHAY DIXIT Digitally signed by IN THE HIGH COURT OF JUDICATURE AT BOMBAY SNEHA ABHAY DIXIT ORDINARY ORIGINAL CIVIL JURISDICTION Date: 2025.02.24 10:59:34 +0530 WRIT PETITION NO.4099 OF 2024 M/s. Pyramid Developers, ] a Partnership Firm ] Through its Partner Mr. Saleh Mithiborwala ] Having Office at Dheeraj Heritage, ] Santacruz (West), Mumbai. ] .. Petitioner Versus 1. Union of India, ] Through Ministry of Finance, ] Having Office at Aaykar Bhavan, Mumbai. ] 2. Reserve Bank of India, ] Fort, Mumbai. ] 3. M.J. Shah Capital Private Limited, ] Having Office at Vile Parle, Mumbai. ] 4. State of Maharashtra, ] Through Office of the Government Pleader, ] High Court, Bombay. ] .. Respondents Mr. Prathamesh Kamat with Mr. Kayush Zaiwalla, i/by Ms. Sapana Rachure, Advocates for the Petitioner. Mr. Shreyas S. Deshpande, Advocate for Respondent No.1. Mr. Vijay Salokhe with Ms. Kirti Ojha and Mr. Ankit Upadhyay, Advocates, i/by BLAC & Co., for Respondent No.2. Mr. Ashok M. Saraogi with Mr. Prajot H. Jaggi and Ms. Daksha A. Parmar, Advocates for Respondent No.3. Smt. Anupama Pawar, Assistant Government Pleader for Respondent No.4. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ The date on which the arguments were heard : 13TH DECEMBER, 2024. The date on which the Judgment is pronounced : 21st FEBRUARY, 2025. JUDGMENT : [ Per A.S. Chandurkar, J. ] 1. Rule. Rule made returnable forthwith and heard learned counsel for the parties. The petitioner, a Partnership Firm, registered under the Indian 1/10 OOCJ WP-4099-2024-Judgment.doc Dixit Partnership Act, 1932 through its Partner has filed this writ petition under Articles 226 and 227 of the Constitution of India raising a challenge to the initiation of proceedings by the 3rd respondent – M/s. M.J. Shah Capital Pvt. Ltd., a Company i