Bombay High Court

HEMANT D. GAIKWAD. AND ORSversusTHE NASHIK ROAD DEEOLALI VYAPARI SAHKARI BANK LTD. AND ORS

Decided: 9 March 2026
Disposal: Disposed Off
Bench: A S GADKARI KAMAL KHATA

Holding

A cause of action that becomes infructuous due to undue delay cannot be the basis for a writ petition.

Summary

The petitioners filed a writ petition (No. 1499 of 2019) before the Bombay High Court seeking relief against the respondents, including Nashik Road Deolali Vyapari Sahkari Bank Ltd. The court examined the record and observed that a considerable lapse of time had occurred since the alleged cause of action arose. It held that the cause of action had become infructuous due to the passage of time, rendering the petition ineffective. Consequently, the court found no basis to entertain the petition. The petition was therefore disposed of as infructuous, and no further relief was granted.

Subjects

infructuity
writ petition
delay
cause of action
high court

Judgment

                      KSG                                                           42-WP-1499-2019.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 1499 OF 2019

                      Hemant D. Gaikwad & Ors                                  … Petitioners
                               V/s.
                      The Nashik Road Deolali
                      Vyapari Sahkari Bank Limited,
                      Nashik Road & Ors                                        … Respondents
                                         _______________________________________

                      Mr. Anilkumar Patil a/w Mr. Laxmikant Patil, Mr. Digvijay Patil for
                      Petitioners.
                      Mr. P.M. Joshi a/w Mr. Nikhil M. Pujari for the Respondent No.1.
                      Mr. S.M. Kankal, A.G.P. for Respondent-State.
                                       _______________________________________

                                                  CORAM : A. S. GADKARI AND
                                                          KAMAL KHATA, JJ.
                                                  DATE  : 9th MARCH 2026

                      P.C. :
 KIRAN
 SANJAY
 GHUGE
Digitally signed by
KIRAN SANJAY
                      1)              Perusal of record indicates that, due to passage of time, the
GHUGE
Date: 2026.03.17
11:05:32 +0530


                      cause of action for filing Petition has become infructuous.

                      2)              Disposed off as infructuous.




                                      ( KAMAL KHATA, J. )                 ( A.S. GADKARI, J. )




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