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Bombay High Court

RAMESH MORESHWAR PATILversusPRIYANKA VEDMEHTA OF ACADEMY OF LIBERAL ART AND 8 OTHERS

Decided
Disposal
DISPOSED OFF

Holding

The court condoned the delay, restored the writ petition, and allowed its withdrawal in favor of an alternate remedy.

Summary

The petitioner filed an interim application seeking restoration of a writ petition to its pre‑April 16, 2019 status and condonation of a 187‑day delay in filing the application. The court, by consent, allowed the interim relief, thereby restoring the writ petition to the court file. Subsequently, the petitioner submitted that an alternate remedy was available and requested permission to withdraw the writ petition. The court accepted this request, dismissed the writ petition as withdrawn, and granted the liberty to pursue the alternate remedy.

Issues considered

  • Whether a delay of 187 days in filing an interim application for restoration of a writ petition can be condoned.
  • Whether the writ petition can be restored to its status prior to 16/04/2019.
  • Whether the petitioner may be permitted to withdraw the writ petition to avail an alternate remedy.

Subjects

  • interim relief
  • condonation of delay
  • restoration of writ petition
  • withdrawal of petition
  • alternate remedy

Judgment

          Digitally
          signed by
                                                                        1/2                 28-IA-2011-2019 (OS).DOC
          VAIBHAV
VAIBHAV   NAMDEV
NAMDEV    BARE
BARE      Date:
          2026.09.08
          17:38:25
          +0530




                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               ORDINARY ORIGINAL CIVIL JURISDICTION


                                               INTERIM APPLICATION NO. 2011 OF 2019
                                                                        IN
                                                  WRIT PETITION (L) NO. 3376 OF 2018
                       Ramesh Moreshwar Patil                                            ...Applicant/Petitioner
                                  Versus
                       Priyanka Vedmehta Of Academy
                       Of Liberal Art And 8 Ors.                                         ...Respondents
                                                                    _______
                       Mr. Nitesh Bhutekar a/w Mr. Chetan Rathod and Mr. Aaditya Mahamiya, for the
                       Applicant/Petitioner.
                       Mr. Rohan Mahadik a/w Ms. M. More i/b The Juris Partners, for Respondent
                       No.1.
                       Mr. Nishigandh Patil, AGP, for the Respondent-State.
                       Mr. Ramesh M. Patil, Appellant, present in person.
                                                                    _______


                                                                              CORAM : ARIF S. DOCTOR, J.
                                                                              DATE     : 7th SEPTEMBER, 2026


                       P.C.
                       1.        This Interim Application seeks the following reliefs:

                                 "A.      That the Civil Writ Petition (St) No.3376 of 2018 be restored to the stage
                                 as was prior to 16/04/2019.
                                 A1.      Be pleased to condone the delay of 187 days in filing the Interim
                                 Application for restoration of the Writ Petition. "

                       2.        By consent, the Interim Application is allowed in terms of prayer clauses

                       (A) and (A1). Accordingly, the Writ Petition (St) No.3376 of 2018 is restored to

                       the file of this Court.




                       Vaibhav
                                          2/2              28-IA-2011-2019 (OS).DOC



3.        Learned counsel for the Petitioner has fairly submitted that there is an

alternate remedy available with the Petitioner. He therefore seeks leave to

withdraw the Petition and avail of the alternate remedy.

4.        The Petition is accordingly dismissed as withdrawn, with the aforesaid

liberty as prayed for being granted.




                                                              [ARIF S. DOCTOR, J.]




Vaibhav


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