Bombay High Court

VILAS SHIVAJI JANEPHALKAR AND ANOTHERversusMINISTRY OF FINANCE GOVERNMENT OF INDIA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is disposed of as withdrawn.

Summary

Vilas Shivaji Janepalkar and another filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging actions of the Ministry of Finance. After hearing the matter, the Court indicated it was not inclined to grant the relief sought. The petitioner's counsel then requested permission to withdraw the petition to avoid adverse observations. The Court granted the request, allowing the petition to be withdrawn. The petition was disposed of as withdrawn, with liberty granted to the petitioners to raise the same issues before the Debt Recovery Tribunal.

Issues considered

Whether the writ petition should be entertained or dismissed
Whether permission can be granted to withdraw a writ petition

Subjects

writ petition
withdrawal
Debt Recovery Tribunal
court discretion
civil procedure

Judgment

2026:BHC-AUG:44033-DB


                                                 1                   42-WP-12382-26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                               WRIT PETITION NO. 12382 OF 2026

                        ADV. VILAS SHIVAJI JANEPHALKAR AND ANOTHER
                                             VERSUS
                    MINISTRY OF FINANCE, GOVERNMENT OF INDIA THROUGH
                                     SECRETARY AND OTHERS
                                                ...
              Mr. Parikshit P. Dawalkar, Advocate For The Petitioner
              Mr. Ajay G. Talhar, Advocate For Respondent No.1
                                                ...

                                      CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.
                                        DATE : 23rd SEPTEMBER, 2026

              PER COURT :

              1.           After arguing for some time on merits, when this Court

              was not inclined to grant relief, learned advocate for petitioners, so

              as to avoid adverse observations, seeks permission to withdraw the

              writ petition.

              2.           Permission is granted. The writ petition is disposed of as

              withdrawn, with liberty to raise all the issues raised in this petition

              before the Debt Recovery Tribunal.



              (ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)




              SVH

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