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The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to file a fresh petition on the priority issue.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 It held that the petition could be withdrawn and granted the petitioner liberty to file a new petition on the substantive issue. Consequently, the writ petition was disposed of as withdrawn.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.)
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