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Bombay High Court

SANDEEP A BHAGWAT AND ANRversusRAMAKANT NAMDEV GUJAR

Decided
Disposal
Dismissed

Holding

Discharge cannot be granted without proper service of intimation to the petitioner; the interim application is dismissed.

Summary

An interim application was filed by the advocate of Mr. Sandeep A. Bhagwat seeking discharge of the writ petition. The court noted that no intimation of the application had been served on the petitioner, Ramakant Namdev Gujar, and there was no acknowledgment of such service. Because the procedural requirement of serving intimation was not fulfilled, the court held that discharge could not be granted. Consequently, the interim application was dismissed. The court further directed that the advocate may take appropriate digital steps and that the petition, already admitted, be listed for hearing as per the weekly final hearing board schedule.

Issues considered

  • Whether a discharge of an interim application can be granted without serving intimation to the petitioner

Subjects

  • interim application
  • discharge
  • procedural service
  • civil appellate jurisdiction
  • high court

Judgment

                                                                       74-IA-5510-2026.docx


           rrpillai          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION
                                 INTERIM APPLICATION NO. 5510 OF 2026
                                                  IN
                                    WRIT PETITION NO. 6815 OF 2002


                        Mr. Sandeep A. Bhagwat                   …     Applicant
                        and Another
                        In the matter between
                        Ramakant Namdev Gujar                    …     Petitioner
                             Vs.
                        Laxman Balaji Bhalerao                   …     Respondent


                        Mr. Rohit R.Jaiswar a/w. Ms. Rekha R.Jaiswar and Mr.
                        Rajkamal Chauhan i/b. Mr. S.A. Bhagwat and Mr. Sanjay
                        Chitale for the Applicant.

                                                CORAM : GAURI GODSE, J.

                                                DATE :      2nd SEPTEMBER 2026

                        ORDER :


                        1.    This interim application is filed by the advocate seeking

                        discharge. However, intimation to the petitioner is not served

                        and there is no acknowledgement. Hence, discharge cannot

                        be granted. The interim application is dismissed.


                        2.    Learned advocate for the applicant is at liberty to take

           Digitally    appropriate steps. The petition is already admitted. Hence,
           signed by
           RAJESHWARI
RAJESHWARI RAMESH
RAMESH     PILLAI
PILLAI     Date:        removed from the daily board.
           2026.09.02
           19:54:51
           +0530
                                                      1/2
                                                74-IA-5510-2026.docx


3.      To be added to the weekly final hearing board as per its

turn.


                                           [GAURI GODSE, J.]




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