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Bombay High Court

SHREE SADGURU ENTERPRISES BUILDERS AND DEVELOPERS THROUGH ITS PROPRIETOR BHAVNA S MUCHALAversusRITESH KRISHNAKANT SHAH AND ANR

Decided
Disposal
Disposed Off

Holding

The court allowed the withdrawal of the interim application and granted liberty to file an appropriate application.

Summary

The applicant, Shree Sadguru Enterprises Builders and Developers, filed an interim application before the High Court of Bombay seeking relief against the respondents, Ritesh Krishnakant Shah and another. The applicant later moved the court to withdraw the interim application and requested liberty to file a suitable application in the future. The respondent was represented by Mrs. S. M. Yadav. The court considered the request for withdrawal and the need to preserve the parties' rights. It held that there was no impediment to allowing the withdrawal. Consequently, the court ordered that the interim application be withdrawn and disposed of, granting the applicant liberty to file an appropriate application thereafter.

Issues considered

  • Whether the interim application may be withdrawn with liberty to file a fresh application?

Subjects

  • interim application
  • withdrawal
  • high court
  • civil procedure
  • liberty to file fresh application

Judgment

                                                                          17-IA-3185-2026.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION
       Digitally                  INTERIM APPLICATION NO.3185 OF 2026
       signed by
       SONALI
SONALI MILIND                                         IN
MILIND PATIL
PATIL Date:                            WRIT PETITION NO.3519 OF 2024
       2026.09.17
       18:40:23
       +0530



                    Shree Sadguru Enterprises Builders and …Applicant
                    Developers through its Proprietor Bhavna Sanjay.
                    Muchala
                          Versus
                    Ritesh Krishnakant Shah & Anr.                   …Respondents


                    Mr. Sadik Ibrahim Shaikh, for the Applicant.
                    Mrs. S. M. Yadav, APP, for Respondent No.2-State.


                                           CORAM:      MADHAV J. JAMDAR, J.
                                           DATED :     17th SEPTEMBER 2026
                    P. C.:


                    1.       Learned   Counsel   appearing    for   the   Applicant    seeks

                    withdrawal of the Interim Application with liberty to file

                    appropriate Application.



                    2.       Accordingly, the Interim Application is allowed to be

                    withdrawn and disposed of as such with liberty as sought.




                                                                [MADHAV J. JAMDAR, J.]




                                                     Page 1
                    Sonali


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