Bombay High Court
KARNAM GUNASHEKARAN RUDRAPILLAI AND ANRversusM/S OPTIMA LIFE SCIENCES PVT LTD AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is not maintainable and is disposed, with the execution petition to be decided expeditiously.
Summary
The petitioners, Dr. Karnam Gunashekaran Rudrapillai and others, filed a writ petition against Optima Life Sciences Pvt Ltd and others. The High Court examined whether the writ petition should be entertained given the existence of a related execution petition. The Court held that, considering the nature of the impugned order and recent Supreme Court guidance in Rahul S. Shah v. Jitendrakumar Gandhi, it was inappropriate to proceed with the writ petition. Instead, the Court directed that the execution petition be decided as quickly as possible. Accordingly, the writ petition was disposed without further hearing.
Issues considered
- Whether a writ petition challenging an order is maintainable when a parallel execution petition is pending
- Whether the court should entertain the writ petition or defer to the execution proceedings
Subjects
- writ petition
- execution petition
- maintainability
- jurisdiction
- Supreme Court precedent
Judgment
36-WP10314-2026.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10314 OF 2026
Dr. Karnam Gunashekaran Rudrapillai And
Anr ...Petitioners
Versus
M/s Optima Life Sciences Pvt Ltd And Anr …Respondents
Mr. Ashwin Shete, a/w Prithvi Sawla, i/b Jayakar & Partners,
for the Petitioners.
SANTOSH CORAM: N. J. JAMADAR, J.
SUBHASH DATED: 25th AUGUST, 2026
KULKARNI
Digitally signed by
SANTOSH SUBHASH
KULKARNI PC:-
Date: 2026.08.27
11:46:24 +0530
1. Heard the learned Counsel for the petitioners.
2. Having regard to the nature of the impugned order and the
developments in the execution petition, the Court does not
consider it appropriate to entertain the petition. Instead, it
would be expedient in the interest of justice that the execution
petition itself is decided as expeditiously as possible keeping in
view the decision of the Supreme Court in the case of Rahul S.
Shah vs. Jitendrakumar Gandhi and others1.
3. The petition stands disposed.
[N. J. JAMADAR, J.]
1 (2021) 6 SCC 418.
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