Bombay High Court
NIRMAL KUMAR CHORARIA AND ORSversusTHE STATE OF MAHARATRA THR THE SECRETARY COOPERTION DEPT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is permitted to be withdrawn and disposed of with liberty to file an appeal against the order dated 1 October 2026.
Summary
The petitioners, Nirmal Kumar Choraria and others, sought leave to withdraw their writ petition and obtain liberty to file an appeal against the order dated 1 October 2026. They argued that since the disqualification of respondents 4 to 8 was pending before the Deputy Registrar and an election programme was likely to be declared, the appellate authority should decide the appeal expeditiously. The Court granted permission to withdraw the petition, allowing the petitioners to file the appeal. It expressly kept all merits open for consideration in the forthcoming appeal. The Court also directed that the appeals filed by respondents 4 and 5 be heard together with the petitioners' appeal and that the appellate authority give due priority for a swift disposal.
Issues considered
- Whether a writ petition may be withdrawn with liberty to file an appeal against the impugned order
- Whether the appellate authority must be directed to prioritize the disposal of the pending appeal
Subjects
- withdrawal of petition
- appeal
- expeditious disposal
- appellate authority
- civil appellate jurisdiction
Judgment
Renuka Thakur 903-WP-13277-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13277 OF 2026
Nirmal Kumar Choraria And Ors ...Petitioner
V/s.
The State Of Maharatra Through the ...Respondent
Secretary Co-operation Dept and Ors
________________
Mr. Swaraj Jadhav with Ms. Shruti Kumbar i/b Mr. Vikas Kumbhar for
Petitioner.
Mr. Ryan D'souza with Mr. Shivam Laturia for Respondent No. 3-society.
Mr. Charles D'souza i/b Ms. Kashmira Dingankar for Respondent Nos. 4
to 8.
Ms. Savita A. Prabhune, AGP for Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 6 OCTOBER 2026.
P.C.:
1) Mr. Jadhav, the learned counsel appearing for the Petitioner
seeks leave of the Court to withdraw the Petition with liberty to file
Appeal against order dated 1 October 2026. He submits that since
disqualification of Respondent Nos. 4 to 8 was sought before the Deputy
Registrar and since election programme is likely to be declared, the
direction be issued to the Appellate Authority to decide the Appeal in an
expeditious manner.
Page No.1 of 2
6 OCTOBER 2026
Renuka Thakur 903-WP-13277-2026.docx
2) The Petition is permitted to be withdrawn and disposed of
with a liberty to file Appeal against the order dated 1 October 2026.
3) All contentions on merits are expressly kept open. The
Appellate Authority shall accord due priority for expeditious disposal of
the Appeal.
4) The Appeal filed by Respondent Nos. 4 and 5 shall also be
heard analogously by the Appellate Authority while deciding the Appeal
that the Petitioner proposes to file.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.2 of 2
Designation: PA To Honourable Judge 6 OCTOBER 2026
Date: 06/10/2026 17:33:30
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