Created by Fuzzy Cloud

Bombay High Court

RAISONI KOTHARI BUILDERS LLPversusPUNE MUNICIPAL CORPORATION THR ITS COMMISSIONER

Decided
Disposal
Disposed Off

Holding

The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to file a fresh petition on the priority issue.

Summary

The petitioner, Raisoni Kothari Builders LLP, filed a writ petition challenging warrants of attachment issued by Pune Municipal Corporation, but later discovered that no such warrants were actually issued. The petitioner sought to withdraw the petition and requested liberty to file a fresh petition concerning the priority of a secured creditor over the corporation's property tax dues, arising from an auction purchase under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The court considered the petitioner's request and the supporting email dated 21 September 2026. It held that the petition could be withdrawn and granted the petitioner liberty to file a new petition on the substantive issue. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

  • What is the appropriate procedural course when a petitioner discovers that the basis of a writ petition (attachment warrants) is unfounded and wishes to withdraw the petition?
  • Whether the court can grant liberty to the petitioner to file a fresh petition on the issue of priority of a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Legislation cited

Subjects

  • writ petition
  • withdrawal
  • attachment warrant
  • priority of secured creditor
  • property tax
  • Securitisation Act
  • auction purchase

Judgment

                                   bipin prithiani
                                                                       1
                                                                                            38-wp-12673.26.doc

                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION

                                                     WRIT PETITION NO. 12673 OF 2026

                                   Raisoni Kothari Builders LLP                      …     Petitioner
                                        Versus
                                   Pune Municipal Corporation                        …     Respondent
                                                             ******
                                   Mr. Kamlesh Ghumre a/w Ms. Sonali Jadhav and Mr. Aryan
                                   Mehta for Petitioner.
             Digitally signed by
                                                             ******
                                                         CORAM : MANISH PITALE AND
             BIPIN
BIPIN        DHARMENDER
DHARMENDER   PRITHIANI
PRITHIANI    Date: 2026.09.28


                                                                 SHREERAM V. SHIRSAT, JJ.
             18:02:57 +0530




                                                              DATE      : 28th SEPTEMBER 2026

                                   P.C. :

                                   .         The learned counsel for the petitioner submits that although
                                   this writ petition challenges warrants of attachment purportedly
                                   issued by respondent-Pune Municipal Corporation, it has
                                   subsequently come to light that such warrants of attachment were
                                   actually not issued. It is submitted that therefore, the petitioner
                                   has instructed the learned counsel to withdraw the present writ
                                   petition, but with liberty to file a fresh petition in order to raise
                                   the issue of priority of the secured creditor over and above the
                                   property tax dues of the respondent-Corporation, in the light of
                                   the fact that the petitioner is an auction purchaser, in pursuance of
                                   proceedings undertaken by a secured creditor under the provisions
                                   of the Securitisation and Reconstruction of Financial Assets and
                                   Enforcement of Security Interest Act, 2002.
bipin prithiani
                                    2
                                                         38-wp-12673.26.doc

2.        It is noted that copy of an email dated 21 st September 2026
addressed by the petitioner to the Advocate is placed on record
with the praecipe dated 22nd September 2026. The praecipe and
copy of the said email are taken on record.

3.        In view of the above, the writ petition is disposed of as
withdrawn, with liberty to the petitioner to file a fresh petition to
raise the said issue, noted hereinabove.



  (SHREERAM V. SHIRSAT, J.)                    (MANISH PITALE, J.)


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.