Bombay High Court

A.P. KUMARversusN.N. WADOBE AND ANR.

Decided: 8 May 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The process order issued under the Apprentice Act is quashed and set aside.

Summary

Mr. A. P. Kumar filed a writ petition in the Bombay High Court challenging a process order issued by the Metropolitan Magistrate, Kurla, under the Apprentice Act. The petitioner submitted an undertaking and affidavit promising to comply with the provisions of the Apprentice Act and the notices issued by the respondents within three months. The court considered the petitioner's undertaking and the lack of any substantive dispute over the order. It held that, in view of the undertaking, the process order could be set aside. Consequently, the court quashed the order, directed the petitioner to comply with the undertaking within the stipulated period, and disposed of the petition.

Issues considered

Whether the process order passed by the Metropolitan Magistrate under the Apprentice Act can be maintained against the petitioner.
Whether the petitioner's undertaking to comply with the Apprentice Act and notices suffices to warrant quashing the process order.

Subjects

Apprentice Act
process order
quash
writ petition
compliance
criminal appellate jurisdiction

Judgment

                                                        912-WP-1762-2019 (CR).docx

Rohit Ghuge

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION
                       WRIT PETITION NO. 1762 OF 2019
Mr. A. P. Kumar                                      ...PETITIONER

              VERSUS

N.N. Wadobe And Anr.                                 ...RESPONDENT
_________________________________________________________________
Adv. Shaunak Sawant i/b Adv. Vidhii Partners, Advocate for Petitioner.
Mr. Harshad Inamdar, Advocate for Respondent No. 1.
Mr. P. P. Jadhav, APP for Respondent No. 2-State.
_________________________________________________________________

                                        CORAM       :    SHIVKUMAR DIGE, J.
                                        DATE        :    8th MAY, 2026.
P.C. :
1.            Heard learned counsel for the Petitioner, learned counsel for
the Respondent No.1 and learned APP for the Respondent No. 2-State.
2.            Learned counsel for the Petitioner tendered undertaking cum
affidavit on behalf of the Petitioner. It is taken on record and marked as X
for identification.
3.            Learned counsel for the Petitioner submits that, Petitioner will
comply the provisions of Apprentice Act and the notice issued by
Respondents within three months from today.
4.            Learned counsel for Respondent submit that on the basis of
undertaking, the Petition can be disposed of.
5.            I have heard, both learned counsel.
6.            The challenge in this petition is issue process order passed
Learned Metropolitan Magistrate, Kurla under Apprentice Act.
7.            The Petitioner undertakes to comply the notices issued by
respondents and comply the provisions of Apprentice Act.
8.            Considering this fact, I pass following order.


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                                                   912-WP-1762-2019 (CR).docx

Rohit Ghuge

                                   ORDER
         i)     The issue process order under Apprentice Act, issued
                against the petitioner is quashed and set aside.
         ii)    The Petitioner shall comply with the undertaking
                and provisions of Apprentice Act and the notices
                issued to the petitioner within three months from
                today. If Petitioner fails to comply the undertaking
                and notices, the respondents are at liberty to take
                appropriate action against the Petitioner.
         iii)   The Petition is disposed of.

                                                     (SHIVKUMAR DIGE, J.)




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