Bombay High Court

TRANSPORT AND DOCK WORKERS UNIONversusTRUSTEES OF MUMBAI PORT TRUST

Decided: 20 August 2026
Disposal: WITHDRAWN

Holding

The Court held that leave may be granted to withdraw a writ petition when it has become infructuous.

Summary

The Transport & Dock Workers Union filed Writ Petition No. 1708 of 2005 before the Bombay High Court challenging actions of the Trustees of Mumbai Port Trust. After more than two decades, the petitioner sought leave to withdraw the petition, stating that it had become infructuous. The Court considered whether it could grant such leave. Noting that the petition no longer served any purpose, the Court granted the request. Consequently, the petition was disposed of as withdrawn and any pending Judge’s Order was also terminated.

Issues considered

Whether the High Court may grant leave to withdraw a writ petition on the ground that it has become infructuous

Subjects

writ petition
withdrawal
civil procedure
high court
infructuous

Judgment

                                                                                   4-WP-1708-05.doc


                   Sharayu Khot.

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION

                                            WRIT PETITION NO. 1708 OF 2005
                                                           WITH
                                            JUDGE’S ORDER (L) NO. 71 OF 2020


                          Transport & Dock Workers Union                 …Petitioner

                                   Versus

                          Trustees of Mumbai Port Trust & Anr.           …Respondents

                                                           ----------
                          Mr. Ashok D. Shetty a/w Ms. Rita K. Joshi (VC) and Ms. Bushra A.
                          Moughal for the Petitioner.
                          Ms. Heenal Wadhwa i/by the Law Point for the Respondents.
                          Mr. Venkatesh Swami, Secretary, Transport & Dock Workers Union,
                          present.
                                                           ----------

                                                    CORAM : R.I. CHAGLA J
                                                            FIRDOSH P. POONIWALLA, J

                                                    DATE       : 20 August 2026

                          ORDER :


                          1.            Mr. Shetty, the learned Counsel for the Petitioner, on
SHARAYU
PANDURANG
KHOT



Digitally signed
by SHARAYU
                          instructions of Mr. Venkatesh Swami, the Secretary of the Petitioner,
PANDURANG
KHOT
Date:
2026.08.25
15:06:11
+0530
                          has sought leave to withdraw the Writ Petition, as the Writ Petition

                          has become infructuous.



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                                                          4-WP-1708-05.doc


2.           In view thereof, leave is granted.



3.           Writ Petition No. 1708 of 2005 is disposed of as

withdrawn.



4.           In view of disposal of the Writ Petition, pending Judge’s

Order does not survive and is disposed of accordingly.




      [FIRDOSH P. POONIWALLA, J.]                 [R.I. CHAGLA J.]




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