Bombay High Court

S.K. ENTERPRISES THROU. PROP MOHSIN NABI KHAN AND ANRversusTHE POONA DIOCESAN CORPORATION PVT LTD AND ANR

Decided: 22 September 2026
Disposal: Disposed Off

Holding

The Court allowed the withdrawal of the writ petition with liberty to approach the Charity Commissioner.

Summary

The petitioners, S.K. Enterprises & Anr., filed a writ petition in the Bombay High Court seeking relief against the respondents, The Poona Diocesan Corporation Pvt. Ltd. & Anr. The petitioners later expressed a desire to pursue the same relief before the Charity Commissioner and requested the Court's permission to withdraw the writ petition while retaining the liberty to approach the Commissioner. The respondents, represented by the Government Pleader, raised no objection to the withdrawal. The Court considered whether it could grant such a withdrawal with liberty for alternative forum proceedings. It held that the petition could be withdrawn with the liberty sought, provided there was no prejudice to the respondents. Consequently, the writ petition was dismissed as withdrawn, and the petitioners were allowed to approach the Charity Commissioner.

Issues considered

Whether a writ petition pending before the High Court can be withdrawn with liberty to pursue the same relief before another authority such as the Charity Commissioner.

Subjects

writ petition
withdrawal
Charity Commissioner
civil appellate jurisdiction
high court

Judgment

                                                                             903-WP.12146.2026.doc

        Salunke
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JAYANT
VISHWANATH
                                       CIVIL APPELLATE JURISDICTION
SALUNKE

Digitally signed by
JAYANT VISHWANATH
SALUNKE
Date: 2026.09.23
                                      WRIT PETITION NO. 12146 OF 2026
11:19:36 +0530




                      S. K. Enterprises & Anr.                }    Petitioners
                            Versus
                      The Poona Diocesan Corporation          }
                      Pvt. Ltd. & Anr.                        }    Respondents


                      Mr. Praful B. Valvi i/b. Ms. Shama Shinde, Advocates
                      for Petitioners.

                      Ms. Neha S. Bhide, Government Pleader with Ms. Shruti
                      D. Vyas, Additional Government Pleader and Mr. S. P.
                      Kamble, AGP, for Respondents-State.


                                   CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                           ADVAIT M. SETHNA, J.

                                   DATE     : 22nd SEPTEMBER, 2026

                      P.C.:
                      1.      The learned Counsel for the Petitioners, on instructions,
                      submits that the Petitioners are inclined to press the reliefs claimed
                      in the instant Petition before the Charity Commissioner. He,
                      therefore, seeks leave of this Court to withdraw the Writ Petition
                      with the aforesaid liberty.

                      2.      The learned Counsel for the Respondents have no objection.

                      3.      The Writ Petition is Dismissed as withdrawn with the
                      aforesaid liberty.



                           [ADVAIT M. SETHNA, J.]                     [CHIEF JUSTICE]



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