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
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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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