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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Allowed To be withdrawn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The petition may be withdrawn upon the petitioner’s request, supported by a responsible statement from counsel, and the court may dispose of the petition as withdrawn.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 Consequently, the judges granted permission to withdraw and ordered the petition to be disposed of as withdrawn.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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