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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.
                                                     1/1


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