Bombay High Court

KAMAL CHAMANLAL SAIGAL JRversusDILIP KACHARDAS SANKLECHA AND ORS

Decided: 17 February 2026
Disposal: Disposed Off
Bench: HON'BLE THE CHIEF JUSTICE GAUTAM A ANKHAD

Holding

The writ petition is not maintainable, but the petitioner may seek an early hearing of the pending interim injunction application.

Summary

The petitioner, Jayant Vishwanath Salunke, filed Writ Petition No. 2481 of 2025 challenging the maintainability of his reliefs and sought an early hearing of an interim injunction application (No. 22460 of 2025) pending before the trial court. The respondents, Dilip Kachardas Sanklecha & Ors., opposed the petition. The Bombay High Court held that the prayers in the writ petition were patently not maintainable. However, recognizing the petitioner’s grievance that the interim injunction application remained undecided, the Court permitted him to file a request for an early hearing, directing the trial court to expedite disposal. Consequently, the Court disposed of both the writ petition and the interim application, subject to the petitioner’s filing of the early hearing request. The order was delivered by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhd.

Issues considered

Whether the writ petition is maintainable under the applicable provisions.
Whether the court can direct an early hearing of an interim injunction application pending in a regular civil suit.

Subjects

writ petition
interim injunction
maintainability
early hearing
High Court of Bombay
civil procedure

Judgment

                                                                            18-WP.2481.2025.doc


    JVS.
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 2481 OF 2025
                                                  WITH
                                INTERIM APPLICATION (ST) NO. 22460 OF 2025
JAYANT
VISHWANATH
SALUNKE               Kamal Chamanlal Saigal Junior            }    Applicant
Digitally signed by
JAYANT
VISHWANATH
SALUNKE
                            Versus
Date: 2026.02.18
19:46:45 +0530
                      Dilip Kachardas Sanklecha & Ors.         }    Respondents

                      Mr. Ms. Nihali Kazi, Advocate for the Applicant.
                      Mr. K. V. Saste, APP for State.

                                   CORAM:     SHREE CHANDRASHEKHAR, CJ. &
                                              GAUTAM A. ANKHAD, J.

                                   DATE:      17th FEBRUARY 2026

                      P.C.:
                              The prayers made in this writ petition are patently not
                      maintainable. However, taking cognizance of the grievance raised
                      on behalf of the petitioner that the interim injunction application
                      filed by him is yet to be finally disposed of, we permit the petitioner
                      to file an application for early hearing of the interim injunction
                      application attaching a copy of this order. If any application for
                      early hearing is filed by the petitioner with copy thereof served upon
                      the respondents in Regular Civil Suit No. 2 of 2023, the Trial Court
                      shall endeavour to dispose of the interim injunction application at
                      an early date.

                      2.      With the aforesaid observation, Writ Petition No. 2481 of 2025
                      is disposed of. Interim Application (st.) No. 22460 of 2025 is
                      disposed of.


                       [GAUTAM A. ANKHAD, J.]                            [CHIEF JUSTICE]




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