Bombay High Court

JANA SMALL FINANCE BANK LTD THR IT AUTHORISED OFFICER MOHAMMED ABDUL KHALIDversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Disposed Off

Holding

The petition is disposed of as withdrawn, granting the petitioner liberty to file the appropriate application before the Chief Judicial Magistrate.

Summary

Jana Small Finance Bank Ltd and its authorised officer sought leave to withdraw their writ petition and instead file an application before the Chief Judicial Magistrate, Kolhapur, for compliance of an order dated 11 September 2025. The petitioners argued that the appropriate forum for enforcement was the CJM and requested the court's permission to withdraw. The respondents, the State of Maharashtra, opposed the withdrawal. The High Court examined the procedural propriety of allowing a petition to be withdrawn in favor of a regular application. Finding no impediment, the Court disposed of the writ petition as withdrawn and granted the petitioners liberty to approach the CJM. The Court anticipated that the CJM would decide the application expeditiously.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and pursue relief through an application before the Chief Judicial Magistrate?

Subjects

Writ Petition
Withdrawal
Civil Procedure
Compliance Order
Chief Judicial Magistrate

Judgment

2026:BHC-KOL:9297-DB

50-WP-3998-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 3998 OF 2026

Jana Small Finance Bank Ltd Thr Its Authorised ...Petitioner
Officer Mohammed Abdul Khalid
Versus
The State Of Maharashtra And Ors ...Respondents

——————
Mr. Balasaheb Choure (through VC) a/w Ms. Sharvari Tipugade, Mr. Girish
Mujumdar, for the Petitioner.
Mr. S.B.Kalel, AGP for the Respondent-State.
——————
Coram : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
Date : SEPTEMBER 28, 2026
P. C. :

1. Learned counsel for the Petitioner, on instructions, seeks leave to

withdraw the Petition to file an appropriate application with the Chief

Judicial Magistrate, District and Sessions Court, Kolhapur (“CJM”), for

seeking compliance of the order dated 11 th September, 2025. The

Petition is disposed of as withdrawn with liberty as prayed.

2. It is expected that upon such an application being filed, the CJM

would take expeditious steps in deciding the application.

[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]

Arya Chavan 1 of 1

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