Bombay High Court

GAURAV ENTERPRISES AND ANRversusM/S. SHRADDHA INVESTMENTS AND ANR

Decided: 9 September 2026
Disposal: Disposed Off

Holding

The Court held that the dismissal of the underlying complaint rendered the writ petitions infructuous, leading to their disposal.

Summary

Petitioners Neha Enterprises & Anr. and Gaurav Enterprises & Anr. filed writ petitions before the Bombay High Court challenging actions of M/s Shraddha Investments & Anr. The petitions were filed in the criminal appellate jurisdiction. The petitioners argued that the petitions had become infructuous because the complaint filed by Respondent No.1 had been dismissed. The Court examined whether the dismissal of the underlying complaint automatically rendered the writ petitions moot. Relying on the principle that a petition becomes infructuous when the relief sought can no longer arise, the Court held that the dismissal indeed made the petitions infructuous. Consequently, the Court disposed of both writ petitions as rendered infructuous.

Issues considered

Whether the dismissal of the underlying complaint renders the writ petitions infructuous

Subjects

writ petition
infructuous
complaint dismissal
Bombay High Court
civil procedure

Judgment

                                                                1. WP 1462-2016.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

                                WRIT PETITION NO.1462 OF 2016

Neha Enterprises & Anr.                            ….   Petitioners
        Versus
M/s Shraddha Investments & Anr.                    …    Respondents

                                            WITH
                                WRIT PETITION NO.1463 OF 2016

Gaurav Enterprises And Anr.                …. Petitioners
          Versus
M/s Shraddha Investments & Anr.            …   Respondents
                                   …..
Gaurav K. Gadodia a/w Mr. Kartik Batavia i/b Adv. Smeet Contractor
for the Petitioners in both the Petitions.
Mr. Kumar V. Saste, A.P.P. for Respondent No.2-State.
                                   …..
                               CORAM: SANDESH D. PATIL, JJ.

                                         DATED : 9th SEPTEMBER 2026
P.C.

1.        The learned Counsel appearing for the Petitioners submits that

the present Petitions have become infructuous in as much as the

complaint which is filed by the Complainant/Respondent No.1 herein

has been dismissed. In view of this, the Petitions are disposed of as

rendered infructuous.


                                                   (SANDESH D. PATIL, J.)

RaJesh Chittewan, PS                                                             1/1
                  Digitally signed by
 RAJESH    RAJESH VASANT
 VASANT    CHITTEWAN
 CHITTEWAN Date: 2026.09.10
           10:41:01 +0530

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