Bombay High Court

WASIM MD MUSTAFA MANIKPETHEversusTORRENT POWER LIMITED

Decided: 28 September 2026
Disposal: Disposed Off

Holding

The petition may be withdrawn with liberty to re‑file after rectifying the defects in its constitution.

Summary

The petitioner, Wasim Md. Mustafa Manikpethe, filed Writ Petition No. 12584 of 2026 before the Bombay High Court challenging certain actions of Torrent Power Limited. During the proceedings, counsel for the petitioner, Mr. Arif Gole, sought permission to withdraw the petition on the ground of defects in its constitution. The Court examined whether a writ petition could be withdrawn and the petitioner allowed to re‑file after correcting the deficiencies. The judges held that the petition may be withdrawn provided the petitioner is given liberty to file a fresh petition after rectifying the defects. Consequently, the petition was withdrawn with liberty to re‑file, and no substantive merits were decided.

Issues considered

What is the appropriate procedure for withdrawing a writ petition pending before the High Court?
Can the petitioner be granted liberty to re‑file the petition after correcting procedural defects?

Subjects

writ petition
withdrawal
procedural defect
civil appellate jurisdiction
Bombay High Court

Judgment

                                                                            30 WP 12584-26-C.DOC




                                                                                      Priya Soparkar

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                      WRIT PETITION NO. 12584 OF 2026
                      Wasim Md. Mustafa Manikpethe                                 …Petitioner
                            Versus
                      Torrent Power Limited                                      …Respondent


                      Mr. Arif Gole i/by Ms. Swati Dube and Mr. Siddhesh Balsuraf, for
                            the Petitioner.
                      Mr. Kunal Bhanage with Mr. Akshay Pawar, Mr. Vasim Siddiqui and
                            Mr. Faiz Ali Khan, for the Respondent.


                                             CORAM:       SUMAN SHYAM &
                                                          GAUTAM A. ANKHAD, JJ.
                                             DATED:       28th SEPTEMBER, 2026.
                      PC:-

                      1.     At the request of Mr. Arif Gole, learned counsel appearing for

                      the Petitioner, this Writ Petition is permitted to be withdrawn, with

                      liberty to file afresh, after rectifying the defects in its constitution.



                      (GAUTAM A. ANKHAD, J.)                             (SUMAN SHYAM, J.)
                                                                                                   {




PRIYA
RAJESH
SOPARKAR
Digitally signed by
PRIYA RAJESH
SOPARKAR
Date: 2026.09.28
18:06:26 +0530




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