Bombay High Court

WALIA AUTO ANCILLARIES PVT LTDversusSTATE OF MAHARASHTRA THR GOVT PLEADER AND ORS

Decided: 7 September 2026
Disposal: Disposed Off

Holding

A writ petition is not maintainable where the aggrieved party has a specific statutory remedy of appeal against the order.

Summary

The petitioner, M/s. Walia Auto Ancillaries Pvt. Ltd., filed a writ petition challenging the order dated 13 July 2026 passed by the Commercial Court that rejected its plaint. The petitioner argued that the order was erroneous and sought relief through a writ. The respondents, the State of Maharashtra and others, opposed the petition. The Court examined whether a writ petition is the appropriate remedy when an appeal lies against the impugned order. It held that the petitioner has a specific statutory remedy of filing an appeal against the Commercial Court’s order. Consequently, the writ petition was not maintainable. The Court disposed of the writ petition, granting the petitioner liberty to file the appropriate appeal.

Issues considered

Whether the order of the Commercial Court rejecting the plaint can be challenged by a writ petition
Whether the petitioner has a remedy of appeal against the order

Subjects

writ petition
commercial court
appeal
jurisdiction
civil procedure

Judgment

  2026:BHC-AS:36684

                                                                                     23 wp 10573 of 2026.doc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                            WRIT PETITION NO.10573 OF 2026

                      M/s. Walia Auto Ancillaries Pvt. Ltd.                 ...   Petitioner
                            versus
                      State of Maharashtra and Ors.                         …     Respondents

                      Ms. Minal Chandnani with Mr. Rajesh Ranglani, for Petitioner.
                      Mr. Y.D.Patil, AGP for State.

                                           CORAM:       N.J.JAMADAR, J.

                                           DATE :       7 SEPTEMBER 2026

                      P.C.

                      1.       Heard the learned Counsel for the parties.

                      2.       The challenge in this Petition is to an order 13 July 2026 rejecting the

                      plaint by the Commercial Court.

                      3.       The Petitioner has a remedy of an appeal against the impugned order.

                      4.       The Writ Petition stands disposed with liberty to file an appeal.




                                                                            ( N.J.JAMADAR, J. )




                      SSP                                                                      1/1



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 07/09/2026 18:57:54

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