Bombay High Court
Saint Gobain Abrasives, France vs Union Of India on 18 November, 2025
Author: M.S. Sonak
Bench: M.S. Sonak
2025:BHC-OS:21750-DB 8-IAL-34382-2025+.DOCX
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 34382 OF 2025
IN
WRIT PETITION (L) NO. 38382 OF 2022
WITH
INTERIM APPLICATION (L) NO. 34383 OF 2025
IN
WRIT PETITION (L) NO. 38378 OF 2022
WITH
INTERIM APPLICATION (L) NO. 34389 OF 2025
IN
WRIT PETITION (L) NO. 38372 OF 2022
Saint Gobain Abrasives Inc. France & Ors ...Applicants
In the matter between
Saint Gobain Abrasives Inc. France & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
AMOL
PREMNATH WITH
JADHAV
Digitally signed by
AMOL PREMNATH INTERIM APPLICATION (L) NO. 34384 OF 2025
JADHAV
Date: 2025.11.21
12:14:41 +0530 IN
WRIT PETITION (L) NO. 38338 OF 2022
WITH
INTERIM APPLICATION (L) NO. 34387 OF 2025
IN
Page 1 of 6
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WRIT PETITION (L) NO. 38374 OF 2022
Saint Gobain Abrasives Inc. USA & Ors ...Applicants
In the matter between
Saint Gobain Abrasives Inc. USA & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
WITH
INTERIM APPLICATION (L) NO. 34686 OF 2025
IN
WRIT PETITION NO. 38345 OF 2022
Societe Europeenne Des Produits
Refractaires & Ors ...Applicants
In the matter between
Societe Europeenne Des Produits
Refractaires & Ors ...Petitioners
Versus
Union of India & Ors ...Respondents
______________________________________________________
Ms. Ankita Vashistha, i/b, Veritas Legal, for the
Petitioner/Applicant.
Mr. Ashutosh Mishra, with Mr. Rupesh Dubey, i/b, A. A. Ansari,
for the Respondent No. 1.
Mr. Karan Adik, i/b, Ms. Megha Bajoria, for the Respondent No
3.
Ms. Jaymala Ostwal, Addl GP, (through VC), for the Respondent
in IAL34383/2025.
Ms. Jyoti Chavan, Addl GP, for the Respondent Nos. 2 & 5 in
Page 2 of 6
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IAL/34382/2025.
Mr. Himanshu Takke, AGP, for the Respondent Nos. 2 & 5 in
IAL/38382/2025.
Mr. Manish Upadhye, AGP, for the Respondent Nos. 2 & 5 in
IAL/34387/2025.
Ms. Nazia Shaikh, AGP, for the Respondent Nos. 2 & 5 in
IAL/34389/2025.
Mr. Mohit Jadhav, Addl GP, for the Respondent Nos. 2 & 5 in
WP/34686/2025.
______________________________________________________
CORAM M.S. Sonak &
Advait M. Sethna, JJ.
DATED: 18 November 2025
PC:-
1. These Interim Applications seek restoration of the Writ
Petitions which came to be dismissed for non-clearance of office
objections in terms of our order dated 9 July 2025.
2. Ms. Ankita Vashistha, the learned Counsel for the
Applicants submits that there was a change of Advocate and
therefore, the objections could not be cleared within the time
limit set out by this Court in its order dated 9 July 2025. She
states that if the Petitions are restored, the office objections will
be cleared within two weeks of the restoration without seeking
any extension or without giving any excuses.
3. Ms. Jaymala Ostwal appears for Respondent Nos. 2 to 5 in
Interim Application (L) No. 34383 of 2025 opposes restoration
by pointing out that the reason that the Advocate was changed is
false. She submits that she has checked the office records and to
the best of her knowledge there was no such change.
8-IAL-34382-2025+.DOCX
4. Ms. Chavan appearing for some of the Respondents in
these Petitions also opposes restoration. She points out that in
any event, even if these Petitions are restored, they will have to
be dismissed on the ground of alternate remedy.
5. Mr. Karan Adik also opposes the restoration and submits
that in any event, these Petitions will have to be disposed of on
the ground that the Petitioners have alternate remedy.
6. Mr. Takke also opposes the restoration and submits that in
any event, these Petitions will have to be disposed of on the
ground that the Petitioners have alternate remedy.
7. Mr. Upadhaye, Ms. Shaikh and Mr. Jadhav also opposes the
restoration and submits that in any event, these Petitions will
have to be dismissed on the ground that the Petitioners have
alternate remedy.
8. We have considered the submissions of Ms. Ankita
Vashistha and the learned Counsel for the Respondents who have
vehemently opposed restoration.
9. In our judgment, a case is made out for restoration of the
Petitions. Ms. Vashistha has stated that indeed there was a
change in the Advocate appearing on behalf of the Petitioners. As
a result, there was some lapse in taking steps to clear the office
objections. She submits that the Petitioners have nothing to gain
in allowing the Petitions to be dismissed for non-prosecution.
The lapse if any, was on account of sufficient cause and in any
event, the same was not intentional or mala fide.
10. We are inclined to accept the above explanation no doubt
subject to costs by the Petitioners. In the peculiar circumstances
8-IAL-34382-2025+.DOCX
of this case, the costs would be paid to Government run St.
George's Hospital. Therefore, subject to payment of costs Rs.
25,000/- in each of these Petitions in favour of the Government
run St. George's Hospital within two weeks from today, we recall
the orders of deemed dismissal of these Petitions for non-
prosecution/non-clearance of office objections and restore these
Petitions.
11. Further, we accept Ms. Vashistha's statement that office
objections will now be positively cleared within two weeks from
the date of uploading of this order without seeking any extension
or giving any further excuses for non-clearance of office
objections.
12. Proof of payment of costs will be filed in the Registry
within two weeks.
13. Upon costs being paid and office objections being cleared
within the timeline indicated above, place the Writ Petitions for
directions/admission on 11 December 2025. Place
WP/1885/2021, WP(L)/2273/2024, WP/2483/2021,
WP/2192/2021, WP/2232/2021, WP/105/2022,
WP/2856/2022, WP/2666/2019, WP/3062/2022,
WP/2351/2021, IA/2033/2023, WP/116/2022, WP/3072/2022,
WP/2051/2019, WP/4455/2022, WP/3655/2019,
WP/3656/2019, WP/3657/2019, WP/3658/2019,
WP/3663/2019, WP(L)/25894/2024, WP(L)/25902/2024,
WP(L)/25904/2024, WP(L)/25922/2024, WP(L)/25927/2024,
WP(L)/25931/2024, WP(L)/25970/2024, WP/63/2020,
WP/788/2022, WP/787/2022, WP/3200/2019,
WP(L)/38311/2022, WP(L)/38331/2022, WP(L)/38338/2022,
8-IAL-34382-2025+.DOCX
WP(L)/38344/2022, WP(L)/38345/2022, WP(L)/38372/2022,
WP(L)/38374/2022, WP(L)/38378/2022, WP(L)/38382/2022
AND CIVIL APPELLATE JURISDICTION
WP/8988/2022, WP/897/2022, WP/898/2022, WP/901/2022,
WP/899/2022, WP/900/2022, WP/3574/2022,
WP/13534/2022, WP/2595/2021, WP/6894/2019,
WP/9240/2019, WP/366/2023 WP/367/2023 for
directions/admission along with these Petitions on 11 December
2025.
14. The Interim Applications are accordingly disposed of. All
concerned to act on an authenticated copy of this order.
(Advait M. Sethna, J) (M.S. Sonak, J)
