Bombay High Court

UNION OF INDIA THROUGH MINISTRY OF DEFENCEversusBrig Rajiv Sethi

Decided: 21 September 2026
Disposal: Allowed

Holding

The Court restored the writ petition to the file on the interim application but later dismissed the petition as withdrawn upon the petitioner's request.

Summary

The Union of India (Ministry of Defence) filed an interim application (No. 7396 of 2026) seeking relief in Writ Petition No. 18055 of 2024 filed by the same petitioner against Brig Rajiv Sethi (Retd.). The Court allowed the interim application, granting prayer clause (a) and restoring the writ petition to the file. Subsequently, the petitioner, through counsel Ms. Anamica Malhotra, expressed that it was not inclined to pursue the writ petition. On that basis, the Court dismissed the writ petition as withdrawn. The interim application was thereafter disposed of.

Issues considered

What relief, if any, should be granted by the Court in the interim application?
Whether the writ petition should be restored to the file pending further consideration?
Whether the petitioner may withdraw the writ petition and have it dismissed as withdrawn?

Subjects

interim application
writ petition
withdrawal
dismissal
civil appellate jurisdiction
restoration of petition

Judgment

PDP                                         17-IA-7396-2026 in WP-18055-2024.doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

              INTERIM APPLICATION NO. 7396 OF 2026
                               IN
                 WRIT PETITION NO. 18055 OF 2024

Union of India (Ministry of Defence)           .. Applicant

In the matter between:

Union of India (Ministry of Defence)           .. Petitioner

            Vs.

Brig Rajiv Sethi (Retd.)                       .. Respondent

                                ...
Ms. Anamica Malhotra for the Applicant/Petitioner.
None for the Respondent.
                                ...

             CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                     ADVAIT M. SETHNA, J.

            DATE      : 21st SEPTEMBER, 2026.

P.C. :

Interim Application No.7396 of 2026:


1.          For the reasons stated in the Interim Application, the same
is allowed in terms of prayer Clause (a) and the Writ Petition is
restored to file.


2.          Interim Application is disposed of.




                                    1
                  PDP                                         17-IA-7396-2026 in WP-18055-2024.doc



                  Writ Petition No. 18055 of 2024:


                  3.           Learned Counsel for the Petitioner-Union of India, on
                  instructions, submits that the Petitioner is not inclined to press the
                  instant Writ Petition and the same may be dismissed as withdrawn.


                  4.           Accordingly, the Writ Petition is dismissed as withdrawn.




                    [ADVAIT M. SETHNA, J.]                             [CHIEF JUSTICE]



            Digitally signed
            by PRAVIN
PRAVIN      DASHARATH
DASHARATH   PANDIT
PANDIT      Date: 2026.09.21
            17:28:20 +0530




                                                      2

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Anamica Malhotra