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Bombay High Court

BRIGHTON INTERNATIONAL SCHOOL THROU. ITS TRUSTEE R..R. VERMAversusMAHARASHTRA ENGLISH SCHOOL TRUSTEES ASSOCIATION THROU. J S. WAIKOLI AND ORS

Decided
Disposal
Disposed Off

Holding

The interim application was dismissed as infructuous because the school had been closed down.

Summary

An interim application was filed seeking an order restraining Respondent Nos.6 to 8 from taking any coercive steps against Brighton International School, which had intervened in a writ petition. The applicant's counsel informed the court that the school had already been closed down by its management/trust. The court held that, since the school no longer existed, the relief sought was moot. Consequently, the interim application was deemed infructuous and was disposed of. The writ petition itself was scheduled for further hearing on 7 September 2026.

Issues considered

  • What is the appropriate interim relief, if any, when the subject school has already been closed down?

Subjects

  • interim relief
  • injunction
  • school closure
  • coercive steps
  • application infructuous

Judgment

                                                                           18 ia8945-25.doc



 TRUSHA                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 TUSHAR
 MOHITE                                    CIVIL APPELLATE JURISDICTION
Digitally signed by
TRUSHA TUSHAR
MOHITE
Date: 2026.09.01
13:18:15 +0530                          INTERIM APPLICATION NO.8945 OF 2025
                                                        IN
                                           WRIT PETITION NO.16432 OF 2024
                                                       WITH
                                           WRIT PETITION NO.16432 OF 2024


                      Brighton International School                   .. Applicant

                      To Intervene Between

                      Maharashtra English School
                      Trustees Association                            .. Petitioner

                               Versus

                      State of Maharashtra and Ors.                   .. Respondents


                        Mr.Arefa Siddiquie and Mr.Nasrah Ansari i/b Mr.Davinder Sabharwal,
                        Advocate for the Petitioner in WP No.4067/2022

                        Mr.Sagar Tambe, Advocate for the Applicant in IA No.8945 of 2025

                        Mr.Sanjay Patil, Advocate for the Petitioner in WP No.16432 of 2024

                        Mr.Ojas Kocharekar i/b Mr.Anand Kulkarni, Advocate for the
                        Respondent Nos.2

                        Mr.Vikas More i/b Ms.Chaitrali Deshmukh, Advocate for the
                        Respondent Nos.2, 5 and 6

                        Mr.V.G.Badgujar, A.G.P. for the Respondent State in WP/4067/2022

                        Mr.A.K.Naik, A.G.P. for the Respondent State in IA No.8945 of 2025




                      Mohite                                                                  1/2
                                                        18 ia8945-25.doc



             CORAM:         R. I. CHAGLA &
                            FIRDOSH P. POONIWALLA, JJ.
             DATE:          AUGUST 31, 2026

P. C.



1.           This Interim Application has sought for an interim relief

directing Respondent Nos.6 to 8 not to take any coercive steps against the

Applicant School.



2.           The learned counsel for the Applicant School, on instructions,

states that the School has already been closed down by the Management /

Trust of the said School.



3.           Accordingly, the Interim Application has become infructuous

and is disposed of.



4.           Place Writ Petition No.16432 of 2024, with companion matters

on today’s board, on 7th September 2026.



[FIRDOSH P. POONIWALLA, J.]                   [R. I. CHAGLA, J.]




Mohite                                                                     2/2


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