Bombay High Court

SHREE TATYASAHEB KORE WARANA SAHAKARI SAKHAR KARKHANA LTD. THR. MANAGING DIRECTORversusM/S GLOBAL CANE SUGAR SERVICES PVT. LTD. THR. MANAGER OF ACCOUNTS KIRTIWANT PATHAK

Disposal: Disposed off as Withdrawn

Holding

The writ petition was dismissed as it had become infructuous following the withdrawal of the underlying commercial suit.

Summary

The petitioner, Shree Tatyasaheb Kore Warana Sahakari Sakhar Karkhana Ltd., filed a writ petition before the Bombay High Court challenging the proceedings in Commercial Suit No. 2 of 2022. The respondent, M/s Global Cane Sugar Services Pvt. Ltd., was the opposing party in that commercial suit. The Commercial Court later ordered the suit to be withdrawn by the plaintiff, effectively terminating the underlying dispute. The petitioner then sought relief through the writ petition, arguing that the withdrawal did not affect his rights. The High Court observed that with the withdrawal of the commercial suit, the writ petition had become infructuous and therefore could not be entertained. Consequently, the writ petition was disposed of as infructuous.

Issues considered

What is the effect of the withdrawal of the underlying commercial suit on the pending writ petition?
Can the High Court entertain a writ petition when the cause of action has been extinguished?

Subjects

writ petition
commercial suit withdrawal
infructuous
High Court of Bombay
civil appellate jurisdiction

Judgment

                                                       903-WP-400-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 400 OF 2026

Shree Tatyasaheb Kore Warana Sahakari
Sakhar Karkhana Ltd. Thr. Managing Director                    ...Petitioner
      Versus
M/s Global Cane Sugar Services Pvt. Ltd.
Thr. Manager Of Accounts Kirtiwant Pathak                      ...Respondent

                                …..
Adv. Ishaan Kapse a/w Adv. Tejas Patil and Adv. Shruti P.Ghodake, for
Petitioner.
                                …..


                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE     : 18th AUGUST, 2026.

P.C. :

           The learned counsel for the petitioner has tendered on record the

order dated 12.08.2026 passed by the Commercial Court disposing of

the Commercial Suit No. 2 of 2022, as the suit has been withdrawn by

the plaintiff.

2.         The writ petition is disposed of as become infructuous.



                                                [ SHAILESH P. BRAHME, J.]




     ZIP                                                                 1 of 1

Continue reading with your account

Checking your session…