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Bombay High Court

Hill Crest Hotels and Resorts Private LimitedversusNashwin Electric Private Limited

Decided
Disposal
Disposed Off

Holding

The petition was allowed to be withdrawn and was dismissed as withdrawn.

Summary

The petitioner, Hill Crest Hotels and Resorts Private Limited, filed a writ petition in the Bombay High Court challenging a matter based on a board resolution. The authorized signatory later sought to withdraw the petition, citing a Consent Terms agreement executed between the parties before the District Court at Panvel. The court examined the withdrawal request along with the annexed Consent Terms. Finding the parties had reached a settlement, the court permitted the withdrawal of the petition. Consequently, the petition was dismissed as withdrawn.

Issues considered

  • Whether a writ petition filed in the High Court can be withdrawn after the parties have executed a consent settlement before a lower court

Subjects

  • withdrawal of writ petition
  • consent terms
  • settlement agreement
  • High Court of Bombay
  • civil appellate jurisdiction
  • dismissal as withdrawn

Judgment

                                                                        6-WP2423-2026.DOC

                                                                                  Santosh

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                     WRIT PETITION NO. 2423 OF 2026

                      Hill Crest Hotels and Resorts Private
                      Limited                                               ...Petitioner
                                        Versus
                      Nashwin Electric Private Limited                    …Respondent

                      Ms. Sana Khan, i/b Hemal Gunatru, for the Petitioner.

SANTOSH                                                  CORAM:    N. J. JAMADAR, J.
SUBHASH                                                  DATED:    21st AUGUST, 2026
KULKARNI
Digitally signed by
SANTOSH SUBHASH
KULKARNI
Date: 2026.08.21
                      PC:-
15:51:33 +0530



                      1.     Mr. Ganesh Patkar, the authorized signatory of the

                      Petitioner, is present before the Court and seeks leave to

                      withdraw the petition in view of the Consent Terms executed

                      between the parties before the District Court at Panvel in

                      Darkhast No.2/2023.


                      2.     A copy of the Consent Terms is annexed to the praecipe

                      moved for the withdrawal of the petition.


                      3.     The petition was =led by the Petitioner on the strength of

                      the resolution passed by the Petitioner, a copy of which is

                      annexed at Exhibit-A (page 41) of the petition.




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                                             6-WP2423-2026.DOC

4.   In view of the aforesaid submission and the praecipe

accompanied by a copy of the Consent Terms, the Petitioner is

permitted to withdraw the petition.


5.   The petition stands dismissed as withdrawn.



                                       [N. J. JAMADAR, J.]




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