Bombay High Court
J KUMAR INFRAPROJECTS LTD.versusMUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court disposed of the writ petitions as withdrawn, permitting the petitioner to seek redress later if settlement fails.
Summary
J. Kumar Infraprojects Ltd. filed writ petitions before the Bombay High Court against the Mumbai Metropolitan Region Development Authority. The petitioner sought to withdraw the pending petitions to explore a settlement, indicating that if negotiations failed it would approach the appropriate forum again. The respondent had no objection to the withdrawal. The Court, after noting the parties' desire for settlement, disposed of all the petitions as withdrawn. It also granted the petitioner liberty to seek legal remedy again if the settlement does not materialise.
Issues considered
- Whether a writ petition can be withdrawn at the petitioner's request with the respondent's consent
- Whether the court may grant liberty to re‑file or approach another forum if settlement negotiations fail
Subjects
- withdrawal of writ petition
- settlement negotiations
- civil procedure
- high court
- liberty to refile
Judgment
903-WP.1999.2025+2.odt
JVS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
JAYANT
VISHWANATH
WRIT PETITION NO. 1999 OF 2025
SALUNKE
WITH
WRIT PETITION NO. 2001 OF 2025
Digitally signed by
JAYANT VISHWANATH
SALUNKE
Date: 2026.08.20
WITH
11:28:49 +0530
WRIT PETITION NO. 2004 OF 2025
J. Kumar Infraprojects Ltd. } Petitioner
Versus
Mumbai Metropolitan Region Development }
Authority } Respondent
Mr. Mayur Khandeparkar with Ms. Madhu Gadodia, Ms.Amruta
Thakur and Mr. Aryan Garg i/b. Naik Naik & Co. for the Petitioner.
Mr. Saket Mone i/b. Vidhi Partners, for the Respondent-MMRDA.
CORAM : RAVINDRA V. GHUGE, ACJ. &
GAUTAM A. ANKHAD, J.
DATE : 19th AUGUST, 2026
P.C.:
1. The learned Advocate for the Petitioner draws our attention to
the withdrawal praecipe dated 18th August, 2026 tendered to the Court. The
same is marked as ‘X’, for identification.
2. It is pointed out that the concerned Respondent expect the
Petitioner to withdraw the pending proceedings and enter into discussions for
exploring the possibility of a settlement. In view of this aspect, the Petitioner
desires to withdraw these Petitions and explore the possibility of a
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903-WP.1999.2025+2.odt
settlement. It is submitted that in the event the settlement proceedings do not
fructify, the Petitioner would be approaching the appropriate forum for the
redressal of its grievances.
3. The Respondent has no-objection.
4. In view of the above, all these Petitions are disposed off as
withdrawn, since the parties desire to explore the possibility of a settlement.
5. In the event the parties are unable to come to terms, liberty is
granted to the Petitioner to avail of the remedy as is permissible in law.
[GAUTAM A. ANKHAD, J.] [ACTING CHIEF JUSTICE]
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