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Bombay High Court

BALGI BROTHERS ASSOCIATES THROUGH ITS PARTNER RADHIKA G. BALGIversusTHE UNION OF INDIA THROUGH MINISTRY OF RAILWAYS

Decided
Disposal
DISPOSED OFF

Holding

The petition is dismissed as infructuous because the impugned notice has been withdrawn, leaving no cause of action.

Summary

Balgi Brothers Associates, through partner Radhika G. Balgi, filed a writ petition challenging a notice dated 9 October 2023 issued by the Ministry of Railways. The petitioner alleged that the notice was unlawful and sought relief. The Union of India, through its counsel, informed the court that the impugned notice had been unconditionally withdrawn by the Department. The petitioner accepted that, in view of the withdrawal, there was no longer any surviving cause of action. Consequently, the Court disposed of the petition as infructuous, noting that the matter no longer required adjudication.

Issues considered

  • Whether the writ petition remains maintainable after the withdrawal of the impugned notice.

Subjects

  • writ petition
  • withdrawal of notice
  • infructuous
  • cause of action
  • Ministry of Railways
  • Union of India

Judgment

                                                                   18-OSWP-2045-2024.DOC




                                                                                  Shephali

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
                                   WRIT PETITION NO. 2045 OF 2024


                   Balgi Brothers Associates through its partner           …Petitioner
                   Radhika G. Balgi
                         Versus
                   The Union of India through Ministry of Railways      …Respondents
                   & Ors.


                   Mr Pradeep Thorat, i/b Aditi Naikare, for the Petitioner.
                   Ms Anamika Malhotra, for the Respondents.
                   Mr Sant Kumar Patel, ADEN/EST/N/Borivali, Western Railway,
                         present in Court.

SHEPHALI
SANJAY
MORMARE
                                        CORAM:        SUMAN SHYAM &
Digitally signed
by SHEPHALI
SANJAY
                                                      ADVAIT M. SETHNA, JJ.
MORMARE
Date:
2026.07.22
17:18:19 +0530                          DATED:        22nd JULY 2026.
                   PC:-


                   1.     Ms Anamika Malhotra, learned Advocate appearing for the
                   Respondents-Union of India submits, on instructions, that the
                   Notice dated 9th October 2023 impugned in this Writ Petition has
                   been unconditionally withdrawn by the Department. Responding
                   to the above, Mr Pradeep Thorat, learned counsel appearing for
                   the Petitioner submits that in that event, there would be no
                   surviving cause of action in the Writ Petition and the same can be
                   closed.

                   2.     Taking note of the submissions made at the Bar by the
                   learned counsel for the parties, the Writ Petition is hereby disposed




                                                 Page 1 of 2
                                             18-OSWP-2045-2024.DOC




of as infructuous on account of withdrawal of the impugned Notice
dated 9th October 2023.




(ADVAIT M. SETHNA, J.)                      (SUMAN SHYAM, J.)
                                                                 {




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