Bombay High Court
NCC LimitedversusMumbai Metropolitan Region Development Authority
- Decided
- 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The Court disposed the writ petitions as withdrawn, holding that withdrawal is permissible and does not impede filing a new suit.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 The Court, after noting the withdrawal, disposed the petitions as withdrawn on the petitioner’s instructions.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- Whether a writ petition may be withdrawn by the petitioner at any stage before a final order.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withdrawn, on instructions.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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