Bombay High Court

DEEPAK SARAFversusRAKESH MAKHIJA AND ORS

Decided: 24 September 2026
Disposal: Disposed Off

Holding

The Court allowed the withdrawal of the petition and granted liberty to file a suitably worded petition.

Summary

The petitioner, Deepak Saraf, filed a writ petition which the counsel admitted was inadequately worded and deficient in pleading. The petitioner sought leave to withdraw the petition and obtain liberty to file a properly drafted petition on the same cause of action. The Court examined the request and granted leave to withdraw the petition, also permitting the petitioner to refile a suitably worded petition. Consequently, the original petition was disposed of as withdrawn. No substantive merits of the underlying dispute were addressed.

Issues considered

Whether a writ petition that is deficient in pleading may be withdrawn with liberty to refile a corrected petition

Subjects

petition withdrawal
procedural deficiency
writ petition
court discretion

Judgment

                           apn                                                  47-wp-3223-2026.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 3223 OF 2026

                      Deepak Saraf                                         … Petitioner

                               V/s.

                      Rakesh Makhija & Ors.                                … Respondents


                      Mr. Pramod Panchal a/w. Ms.Neha Rane for the Petitioner.
                      Mr. Ajay S. Patil, APP, for the Respondent-State.
                      Mr.Santosh Jadhav, PI, Juhu Police Station, present.


                                                        CORAM :      A. S. GADKARI AND
ASHWINI
                                                                     KAMAL KHATA, JJ.
PRASAD                                                     DATE :    24th September, 2026
NARHIRE
Digitally signed by
ASHWINI PRASAD
NARHIRE               P.C.:-
Date: 2026.10.03
14:39:23 +0530



                      1)              Mr. Panchal, learned Advocate appearing for Petitioner submits

                      that, the present Petition, as drafted and presented before this Court, is not

                      appropriately worded and contains certain deficiencies in the pleading.

                      2)              He, therefore, seeks leave to withdraw the present Petition,

                      with liberty to file a suitably worded Petition for the same cause of action.

                      2.1)            Leave and liberty granted.

                      3)              Disposed off as withdrawn with aforesaid liberty.



                                 (KAMAL KHATA, J.)                    (A.S. GADKARI, J.)


                                                                                                      1/1

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.