Bombay High Court
VISHAL SHRINIWAS KONTAMversusCHETAN SHRIKANT BADGANCHI AND ORS
- Disposal
- Allowed To be withdrawn
Holding
The petition was dismissed as withdrawn because it was not properly drafted, and the petitioner was granted liberty to file a fresh petition.
Summary
The petitioner, Vishal Shriniwas Kontam, filed Writ Petition No. 14635 of 2023 in the Bombay High Court, Circuit Bench at Kolhapur, seeking relief against the respondents. The Court observed that the petition was not properly drafted and lacked clear facts and legal submissions. Consequently, the Court inquired whether the petitioner wished to withdraw the petition and file a fresh one. The petitioner, through counsel, requested permission to withdraw the petition with liberty to file a new petition. The Court disposed of the petition as withdrawn, granting the petitioner liberty to file an appropriate fresh petition while expressly keeping all rights and contentions of the parties open.
Issues considered
- Whether the writ petition should be dismissed for non‑compliance with procedural drafting requirements
Subjects
- writ petition
- withdrawal
- procedural defect
- civil appellate jurisdiction
- Bombay High Court
Judgment
72-WP-14635-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 14635 OF 2023
Vishal Shriniwas Kontam ...Petitioner
Versus
Chetan Shrikant Badganchi and Others ...Respondents
——————
Mr. Someshwar Wale with Ms. Pooja S. Wale, for the Petitioner.
Mr. Shivraj Jagadale, i/b. Mr. Vijay Killedar, for the Respondent No.3.
Mr. V. M. Mali, AGP, for the Respondent No.5-State.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : October 05, 2026.
P. C. :
1. Upon perusal of the petition, it was found that the petition has
not been properly drafted and neither the facts nor the legal
submissions have been placed correctly.
2. In view thereof, this Court enquired as to whether the Petitioner
is willing to withdraw the petition with liberty to ile an appropriate
petition. Learned counsel appearing for the Petitioner, on instructions,
seeks permission to withdraw the petition with liberty to ile a fresh
petition.
3. The petition is disposed of as withdrawn, with liberty as prayed
for.
Gaikwad RD 1 of 2
72-WP-14635-2023.doc
4. It is clariied that all rights and contentions of all parties are
expressly kept open.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.10.06
10:50:50
+0530
Gaikwad RD 2 of 2
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