Bombay High Court

Arati Sheldon MishraversusVishwakarma Nagar Phase I Co operative Housing Society Ltd

Decided: 17 August 2026
Disposal: Disposed Off

Holding

The writ petition is not maintainable where an alternate remedy of appeal or revision exists, and therefore the petition is disposed of.

Summary

Mrs. Arati Sheldon Mishra filed a writ petition challenging a Recovery Certificate dated 30 March 2026 issued by Vishwakarma Nagar Phase I Co‑operative Housing Society Ltd. and another respondent. The High Court examined whether the petition was maintainable when an alternate remedy of filing an appeal or revision against the same certificate existed. The Court observed that the presence of an alternate remedy precludes the need for a writ petition and therefore declined to entertain the petition. It, however, left the alternate remedy open to the petitioner and ordered that the time spent on the present petition be excluded while computing the limitation period for any appeal or revision. Consequently, the writ petition was disposed of without any substantive order on the merits.

Issues considered

Whether a writ petition is maintainable when an alternate remedy of appeal or revision is available against the impugned Recovery Certificate.

Subjects

writ petition
alternate remedy
recovery certificate
limitation period
civil appellate jurisdiction

Judgment

  2026:BHC-AS:33832
                         k                                   1/1                          16 wp 10600.26 as.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                                WRIT PETITION NO.10600 OF 2026

                         Mrs. Arati Sheldon Mishra                                           ....Petitioner
                               V/S
                         Vishwakarma Nagar Phase I
                         Co-operative Housing Society Ltd. & Anr.                            ....Respondents
                                                        _________

                         Mr. Varsha Yadav i/b Resolute Law Firm for Petitioner.
                         Ms. S.D. Chipade, AGP for Respondent No.2/State.
                                                       __________


                                                       CORAM : SANDEEP V. MARNE, J.
                                                       DATE : 17 AUGUST 2026.
                         P.C.:

                         1.           There appears to be an alternate remedy of filing Appeal/Revision
                         against impugned Recovery Certificate dated 30 March 2026. In that view
                         of the matter, this Court is not inclined to entertain the present Petition.
                         Leaving open the alternate remedy for the Petitioner, the Writ Petition is
                         disposed of.


                         2.       If alternate remedy is exercised, time spent in prosecuting the
                         present Petition shall be excluded while computing the period of
                         limitation.


                                                                                     (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                     Page No. 1 of 1
Designation: PS To Honourable Judge
Date: 17/08/2026 18:02:48

Continue reading with your account

Checking your session…