Bombay High Court

MADANLAL KANAKMAL MUNOT, L.R. RAJENDRAversusAJAY VASANTLAL BORA

Disposal: DISPOSED OFF

Holding

Leave was granted to withdraw the writ petition, with liberty to avail the alternate remedy.

Summary

The petitioner, Madanlal Kanakmal Munot, filed a writ petition before the Bombay High Court seeking relief. During the proceedings, counsel informed the court that an alternative legal remedy was available to the petitioner. The petitioner requested permission to withdraw the writ petition while retaining the liberty to pursue the alternate remedy. The court examined whether such withdrawal was permissible under procedural law. It granted leave to withdraw the petition, ordering that the writ petition stand disposed of as withdrawn. The court further directed that any time spent on the petition be considered by the appropriate authority when the petitioner applies for condonation of delay in the alternate proceeding.

Issues considered

Whether a petitioner may be permitted to withdraw a writ petition when an alternate remedy is available
Whether the court can grant liberty to the petitioner to pursue the alternate remedy after withdrawal

Subjects

writ petition
withdrawal
alternate remedy
condonation of delay
procedural law

Judgment

2026:BHC-AUG:42551



                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                               WRIT PETITION NO.3393 OF 2014

            Madanlal Kanakmal Munot                             … PETITIONER
                     VERSUS
            Ajay Vasantlal Bora                                 … RESPONDENT
                                                .......
            Mr. Abhay Ostwal, Advocate a/w
            Mr. Kartavya Ostwal, Advocate for petitioner
            Mr. P.R. Katneshwarkar, Senior Counsel for respondent
                                             ....…

                                      CORAM : SACHIN S. DESHMUKH, J.
                                      DATE      : 15th SEPTEMBER, 2026

            PER COURT :

                         Having confronted with availability of alternate remedy,
            learned counsel for the petitioner seeks leave to withdraw the present writ
            petition with liberty to avail the remedy which is available in law.

            2.           Leave granted. Writ Petition stands disposed of as withdrawn
            with the aforesaid liberty.

            3.           The time spent while prosecuting the present petition shall be
            taken into consideration by the concerned authority while considering the
            application for condonation of delay.




                                                    (SACHIN S. DESHMUKH, J.)

            fmp/-

Continue reading with your account

Checking your session…