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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The petition is disposed of as withdrawn with liberty as prayed.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 The court considered the procedural propriety of allowing a petition to be withdrawn at this stage.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 The court granted the petitioner's request, disposing of the writ petition as withdrawn with liberty to file the appropriate application before the CJM.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


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