Bombay High Court
NIRMALA SHUBHAM NAWALEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court recalled the earlier dismissal and disposed of the petition upon the petitioner's withdrawal, without costs.
Summary
Petitioner Nirmala Shubham Nawale filed a writ petition against the State of Maharashtra. The petition was initially dismissed for want of prosecution as the petitioner appeared disinterested. Subsequently, the petitioner's counsel tendered an unconditional apology for not being present, leading the court to recall the dismissal order. The petitioner then sought leave to withdraw the petition, stating it had become infructuous. The court disposed of the writ petition on these terms without awarding costs.
Issues considered
- What is the effect of a dismissal for want of prosecution?
- Can a dismissal order be recalled upon the petitioner's apology?
- Is the petitioner entitled to withdraw a writ petition rendered infructuous?
Subjects
- writ petition
- want of prosecution
- recall of dismissal
- withdrawal of petition
- costs
Judgment
22 - WP-1622-2023.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1622 OF 2023
Nirmala Shubham Nawale Petitioner
versus
The State Of Maharashtra Thr
Its Secretary and Ors Respondents
_______
Mr. Ravindra S. Pachundkar a/w Mr. Girish Gorakshanath Deshmukh, Advocates,
for the Petitioner.
Mrs. Ashwini A. Purav, AGP, for the State.
_______
CORAM: AARTI SATHE, J.
DATE: 7th SEPTEMBER 2026
P.C.
1. None for the Petitioner. It seems that the Petitioner has lost interest in
prosecuting the Petition. Dismissed for want of prosecution.
LATER ON:
2. Mr. Ravindra S. Pachundkar, tendered unconditional apology that he
was not present when the matter was called out. The dismissal order passed some
time ago, stands recalled.
3. Learned counsel on behalf of the Petitioner, on instructions, seeks leave
to withdraw the aforesaid Petition as the same has been rendered infructuous.
4. Writ Petition stands disposed of in the aforesaid terms. No costs.
(AARTI SATHE, J.)
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Bharati
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