Bombay High Court
JANA SMALL FINANCE BANK LTD THR ITS AURTHORIZED OFFICER MOHAMMED ABDUL KHALIDversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- Disposed Off
Holding
The petition is disposed of as withdrawn with liberty as prayed.
Summary
Jana Small Finance Bank Ltd, through its officer, filed a writ petition seeking compliance of an order dated 5 April 2025. The petitioner later moved the court for leave to withdraw the petition and instead file an application before the Chief Judicial Magistrate, Kolhapur, for the same relief. The court considered the procedural propriety of allowing a petition to be withdrawn at this stage. No substantive issues on the merits of the original order were addressed. The court granted the petitioner's request, disposing of the writ petition as withdrawn with liberty to file the appropriate application before the CJM.
Issues considered
- Whether the petitioner is entitled to withdraw the writ petition at the pleading stage and seek relief through a separate application before the Chief Judicial Magistrate.
Subjects
- writ petition
- withdrawal of petition
- civil procedure
- compliance of order
- Chief Judicial Magistrate
Judgment
2026:BHC-KOL:9305-DB
54-WP-4002-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4002 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. R.P.Kadam, 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 5 th April, 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disposed of as withdrawn with liberty as prayed.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
Checking your session…