Authority: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)
Order Date: 8 September 2026
Case Overview
- Applicant/Petitioner: Kirit Enterprises Refrigeration Pvt. Ltd.; Respondents: Union of India and others.
- The writ petition WP/4611/1995, filed in 1995, concerns eviction under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
- Civil application CA/2777/2004 was filed to amend and add exhibits to the petition but was disposed of as "not surviving" by an order dated 08 Oct 2025.
- Interim Application No. 13394 of 2025 seeks recall of the 08 Oct 2025 order, arguing that CA/2777/2004 was not considered.
- Counsel for the petitioner argued that the recall is not a review/modification and should be heard by the same judge; respondents conceded that CA/2777/2004 can be heard with the writ petition.
- The petitioner also filed an appeal in the Supreme Court in August 2026 challenging the same 08 Oct 2025 order; no Supreme Court order has been passed.
Final Outcome
- The Court held that the application seeks only recall of the earlier order and does not fall under review/modification provisions.
- The order dated 08 Oct 2025 is recalled.
- CA/2777/2004 shall be heard together with the pending writ petition WP/4611/1995.
- The combined matters are scheduled for hearing on 30 September 2026 at 3:00 p.m.
Topics: Legal Dispute, Court Order