Bombay High Court
GANESH INVESTMENTS AND FINANCIAL TECHNICS PVT LTD THROUGH ITS DIRECTOR RAMESH SHANKARMAL PILANIversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed as infructuous because the cause of action has been barred by the lapse of time.
Summary
The petitioner, Ganesh Investments & Financial Technics Pvt Ltd, filed a writ petition challenging a decision of the State of Maharashtra. The petition was filed after a considerable lapse of time since the alleged cause of action arose. The Court examined whether the petition remained maintainable despite the delay. It held that the passage of time had extinguished the cause of action, rendering the petition infructuous. Consequently, the petition was dismissed as infructuous.
Issues considered
- Whether the writ petition is maintainable given the lapse of time affecting the cause of action?
Subjects
- lapse of time
- statute of limitations
- petition infructuous
- criminal appellate jurisdiction
- writ petition
Judgment
KSG 49-WP-3055-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3055 OF 2017
Ganesh Investments & Financial Technics Pvt Ltd
Through Its Director Ramesh Shankarmal Pilani … Petitioner
V/s.
State of Maharashtra & Ors … Respondents
_______________________________________
Mr. Amey Deshpande a/w Mr. Harsh Nishar, Ms. Vandana Bait for the
Petitioner.
Ms. M.H. Mhatre, A.P.P. for Respondent No.1-State.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 18th APRIL 2026
P.C. :
1) Record indicates that, due to passage of time the cause of action
for filing Petition as of today does not survive and Petition has become
infructuous.
2) Disposed off as infructuous.
Digitally
signed by
KIRAN
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
2026.04.22
19:18:45
+0530
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
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