Bombay High Court
MR. BHAGWAN G. RAIYANIversusKALA GURJARI THROUGH SECRETARY, MR. NIKHIL PARIKH AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition may be withdrawn upon the petitioner’s request, supported by a responsible statement from counsel, and the court may dispose of the petition as withdrawn.
Summary
The petitioner, an 88‑year‑old individual, filed a writ petition in the Bombay High Court. The petitioner's Advocate‑on‑Record was hospitalized and could not give a No Objection to a Vakilpatra filed by the petitioner’s counsel, Ms. Forum Chauhan. Ms. Chauhan submitted an email from the Advocate‑on‑Record confirming the situation and made a responsible statement that the petitioner wished to withdraw the petition. The court considered the advocate’s statement and the supporting email as sufficient basis to entertain the request. Consequently, the judges granted permission to withdraw and ordered the petition to be disposed of as withdrawn.
Issues considered
- What is the procedure for withdrawing a writ petition when the Advocate‑on‑Record is unavailable?
- Can the court entertain a withdrawal request based solely on a statement by the petitioner’s counsel?
Subjects
- withdrawal of petition
- writ petition
- advocate on record
- procedural law
- civil appellate jurisdiction
Judgment
7-WP-3346-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3346 OF 2020
Mr. Bhagwan G. Raiyani ... Petitioner
Vs.
Kala Gurjari Through Secretary,
Mr. Nikhil Parikh And Ors. ... Respondents
****
Ms. Forum Chauhan, Advocate for the Petitioner.
Ms. Malika Mondal i/b S. K. Srivastav and Co., Advocate for Respondent
Digitally
signed by
No.1.
SHARADA
SHARADA RANGNATH
RANGNATH WAHULE
WAHULE Date:
2026.08.18
Adv. N. C. Walimbe, Addl. GP a/w Adv. Tanu N. Bhatia, AGP for State-
11:19:49
+0530
Respondent Nos.5 to 8.
****
CORAM : SARANG V. KOTWAL AND
RANJITSINHA RAJA BHONSALE, JJ.
DATE : 17th AUGUST 2026
P.C.:
1. Ms. Forum Chauhan, learned Advocate, appears and submits that
the Petitioner is 88 years of age and that the Advocate-on-Record is
hospitalized. Therefore, the Advocate-on-Record is presently unable to
give his No Objection to the Vakilpatra proposed to be filed by Ms.
Chauhan. She tenders a copy of the e-mail sent on behalf of the original
Advocate-on-Record noting the aforesaid facts.
2. The e-mail and the Vakilpatra are taken on record.
3. Ms. Forum Chauhan, learned Advocate, makes a responsible
statement at her own risk that the Petitioner has instructed her to
1
Sharada
7-WP-3346-2020.doc
withdraw the present Petition. She, therefore, seeks permission to
withdraw the Petition and requests that the same be disposed of as
withdrawn.
4. Considering the statement made by Ms. Chauhan, permission is
granted. The Petition is disposed of as withdrawn.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)
2
Sharada
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