Bombay High Court

M/S. LUHARUKA MEDIA and INFRAversusARUN DAMJI GALA AND ORS.

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The court held that the petitioner may be allowed to withdraw the petition with liberty to file a fresh chamber summons.

Summary

M/s. Luharuka Media & Infra Ltd. filed a writ petition before the Bombay High Court against Arun Damji Gada and others, seeking leave to withdraw the petition and file a fresh chamber summons in the City Civil Court due to subsequent events. The petitioner argued that the new circumstances justified a fresh suit. The sole question before the court was whether it could grant the liberty to withdraw the pending writ petition. The court, exercising its inherent powers, found no impediment to allowing the withdrawal. Accordingly, the petition was permitted to be withdrawn and was disposed of, enabling the petitioner to pursue fresh proceedings.

Issues considered

Whether the petitioner is entitled to withdraw the writ petition and obtain liberty to file a fresh chamber summons

Subjects

withdrawal of petition
chamber summons
civil procedure
high court
writ petition

Judgment

  2026:BHC-AS:36019

                          Megha                                                       903_wp_14015_2017


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO.14015 OF 2017

                          M/s. Luharuka Media & Infra Ltd.                           ...Petitioner

                                                V/s.

                          Arun Damji Gada and Ors.                                 ...Respondents
                                                            ________________
                          Mr. Ashok M. Saraogi for the Petitioner.
                          Ms. Shrushti Kale i/b. Ms. Manjiri Parasnis for Respondent Nos.1 and 2.
                          Mr. Santosh Mali for Respondent No.6 -BMC.
                          Mr. Hamid Mulla, AGP for Respondent No.7-State.
                                                            ________________


                                                                      CORAM: SANDEEP V. MARNE, J.

                                                                       DATED: 2 SEPTEMBER 2026.


                          P.C.:


                          1)          Mr. Saraogi, the learned counsel appearing for the Petitioner
                          submits that subsequent events have occurred, on the basis of which the
                          Petitioner is entitled to take out a fresh Chamber Summons before the
                          City Civil Court. He accordingly prays for leave of the Court to withdraw
                          the Petition with liberty to file fresh Chamber Summons.


                          2)          Reserving the liberty so prayed for, the Petition is permitted to be
                          withdrawn and disposed of.

                                                                                 [SANDEEP V. MARNE, J.]

Signed by: Megha S. Parab
                                                                Page No.1 of 1
Designation: PA To Honourable Judge                           2 September 2026
Date: 02/09/2026 17:11:57

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