Bombay High Court

RAJARAM BANDEKAR (SIRIGAO) MINES PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR AND AUTH REPRE.versusCOMMISSIONER OF CUSTOMS

Disposal: Withdrawn
Bench: NEELA GOKHALE

Holding

The Court granted permission to withdraw the writ petition and allowed the petitioner to file an appeal.

Summary

The petitioner, Rajaram Bandekar (Sirigao) Mines Private Limited, filed a writ petition challenging an order of the Commissioner of Customs, but later realized that an appeal, not a writ petition, was the appropriate remedy. The petitioner, through counsel Mr. Ryan Menezes, sought the Court's permission to withdraw the writ petition and to file a proper appeal. The Court considered whether it could allow the withdrawal and grant liberty to pursue the correct procedural route. The Court granted permission to withdraw the writ petition and expressly allowed the petitioner to file an appeal. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and file an appropriate appeal

Subjects

writ petition
withdrawal
procedural remedy
appeal

Judgment

  2026:BHC-GOA:955
                                                        901 WP 268 2026

                          Amrut

                                  IN THE HIGH COURT OF BOMBAY AT GOA
                                           WRIT PETITION NO.268 OF 2026

                     RAJARAM BANDEKAR (SIRIGAO) MINES
                     PRIVATE LIMITED REPRESENTED BY ITS
                     DIRECTOR AND AUTH REPRE.                                 ... PETITIONER
                       Versus
                     COMMISSIONER OF CUSTOMS                                  ... RESPONDENTS


                     Mr Ryan Menezes, Advocate for the Petitioner.


                                            CORAM:- DR. NEELA GOKHALE, J.
                                            DATED :- 30th April, 2026

                     P.C.:


                     1.           Mr R. Menezes, learned counsel appearing for the Petitioner
                     states that instead of filing an appeal, the present writ petition has been
                     filed. He seeks permission to withdraw the present writ petition with
                     liberty to file an appropriate appeal assailing the impugned order.
                     Permission to withdraw is granted with the aforesaid liberty.


                     2.           The petition is disposed of as withdrawn.



                                                                 DR. NEELA GOKHALE, J.




Signed by: AMRUT NAGESH TARI
Designation: Private Secretary
                                                            Page 1 of 1
Date: 30/04/2026 16:16:12
                                                          30th April, 2026

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