Bombay High Court

NCC LimitedversusMumbai Metropolitan Region Development Authority

Decided: 18 August 2026
Disposal: DISPOSED OFF

Holding

The Court disposed the writ petitions as withdrawn, holding that withdrawal is permissible and does not impede filing a new suit.

Summary

NCC Limited filed three writ petitions (Nos. 1341, 2284 and 2231 of 2025) before the Bombay High Court challenging actions of the Mumbai Metropolitan Region Development Authority. The petitioner, through senior counsel, filed a praecipe on 17 August 2026 seeking withdrawal of all three petitions. The Court, after noting the withdrawal, disposed the petitions as withdrawn on the petitioner’s instructions. The judgment further observed that such withdrawal does not preclude the petitioner from instituting a fresh cause of action in the future. No substantive merits of the original petitions were considered.

Issues considered

Whether a writ petition may be withdrawn by the petitioner at any stage before a final order.
Whether withdrawal of the writ petitions bars the petitioner from instituting a fresh cause of action against the same respondent.

Subjects

writ petition
withdrawal
High Court
Civil Procedure Code
jurisdiction
fresh cause of action

Judgment

                                                                                     902-WP.1341.2025++.odt

         JVS.
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   ORDINARY ORIGINAL CIVIL JURISDICTION
JAYANT
VISHWANATH
SALUNKE

Digitally signed by
JAYANT VISHWANATH
SALUNKE
                                          WRIT PETITION NO. 1341 OF 2025
Date: 2026.08.19
15:02:14 +0530
                                                      WITH
                                          WRIT PETITION NO. 2284 OF 2025
                                                      WITH
                                          WRIT PETITION NO. 2231 OF 2025

                      NCC Limited                                      }                Petitioner
                          Versus
                      Mumbai Metropolitan Region Development Authority }                Respondent


                      Mr. Nikhil Sakhardande, Senior Advocate with Mr. Kedar
                      Wagle and Mr. Sagar Wagle, for the Petitioner.

                      Mr. Saket Mone with Mr. Raghav Taneja i/b. Vidhi Partners, for
                      Respondent-MMRDA in all the Petitions.


                                   CORAM : RAVINDRA V. GHUGE, ACJ. &
                                           GAUTAM A. ANKHAD, J.
                                   DATE      : 18th AUGUST, 2026
                      P.C.:
                      1.           The learned Advocate for the Petitioner has tendered a praecipe

                      dated 17th August, 2026, on instructions from the Petitioner, for withdrawal

                      of the Writ Petitions. The said praecipe is marked as ‘X’, for identification.




                      2.           In view of the above, all these Petitions are disposed off as

                      withdrawn, on instructions.




                                                             1
                                                        902-WP.1341.2025++.odt


3.          The withdrawal of these Petitions would not be an impediment

for espousing a new cause of action.




     [GAUTAM A. ANKHAD, J.]                [ACTING CHIEF JUSTICE]




                                       2

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