Created by Fuzzy Cloud

Bombay High Court

CENTRAL WAREHOUSING CORPORATIONversusSMT. KAUMUDI P. KOTHARI and ANR

Decided
Disposal
Disposed Off

Holding

The writ petition is infructuous and is dismissed.

Summary

The Central Warehousing Corporation filed a writ petition (No. 10314 of 2018) in the Bombay High Court against Kaumudi P. Kothari and others. The petition sought relief pending the outcome of a related civil suit. During the hearing, counsel for the petitioner informed the court that the underlying suit had been disposed of. The court considered that the disposal of the suit rendered the writ petition moot and without any operative relief to grant. Consequently, the court held that the petition was infructuous. The writ petition was therefore dismissed.

Issues considered

  • Whether a writ petition becomes infructuous and liable to be dismissed when the substantive suit on which it is based has been disposed?

Subjects

  • writ petition
  • infructuous
  • civil appellate jurisdiction
  • suit disposal
  • procedural law

Judgment

2026:BHC-AS:10697

                                                               56-WP-10314-2018.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
     Swapnil
                              CIVIL APPELLATE JURISDICTION
                              WRIT PETITION NO. 10314 OF 2018
               Central Warehousing Corporation.          …     Petitioner
                    Vs.
               Kaumudi P. Kothari and Anr.               …     Respondents

               Mr. Bharat P Satra for the petitioner.

                                       CORAM : GAURI GODSE, J.

                                       DATE :       4th MARCH 2026

               ORDER :


               1.    Learned counsel for the petitioner on instructions,

               submits that the suit is disposed of rendering this writ petition

               infructuous.


               2.    The writ petition is disposed of as infructuous.




                                                          [GAURI GODSE, J.]




                                              1/1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.