Bombay High Court

BIMAL KUMAR AWADH PRASAD SINGHversusM/S SYSTEMATIC INFOTECH PVT LTD AND ANR

Decided: 8 September 2026
Disposal: Disposed Off

Holding

A writ petition may be withdrawn when an alternate remedy such as revision exists, without prejudice to the merits of the underlying dispute.

Summary

Petitioners Arjun Vitthal and Bimal Kumar Awadh Prasad Singh filed writ petitions challenging an order of issuance of process dated 23 March 2016. Respondent Systematic Infotech Pvt. Ltd. argued that the appropriate remedy was a revision petition, not a writ. The Court accepted this contention, allowing the petitioners to withdraw the writ petitions while preserving their right to pursue the alternate remedy. No merits of the original challenge were examined, and the Court expressly kept all substantive contentions open. The Court also noted that, given the filing date of 4 June 2024, the petitioners are entitled to the benefit of Section 14 of the Limitation Act, 1963 until 8 September 2026.

Issues considered

Whether a writ petition challenging an order of issuance of process can be withdrawn when an alternate remedy of revision is available
Whether the petitioners are entitled to the benefit of Section 14 of the Limitation Act, 1963 in this context

Legislation cited

Limitation Act, 1963 — s. 14

Subjects

writ petition
withdrawal
revision
limitation
criminal appellate jurisdiction

Judgment

                                                                               20-WP-4250-2024.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                         WRIT PETITION NO.4250 OF 2024
ARJUN
VITTHAL               Bimal Kumar Awadh Prasad Singh                          ...Petitioner
KUDHEKAR
Digitally signed by
                              Versus
ARJUN VITTHAL
KUDHEKAR              M/s Systematic Infotech Pvt. Ltd. & Anr.                ...Respondents
Date: 2026.09.08
20:26:21 +0530

                                                     WITH
                                         WRIT PETITION NO.4252 OF 2024

                      Bimal Kumar Awadh Prasad Singh                          ...Petitioner
                              Versus
                      M/s Systematic Infotech Pvt. Ltd. & Anr.                ...Respondents
                                                       ——————
                      Mr. Prajit S. Manjrekar, for the Petitioner.
                      Mr. Anil M. Dubey, for Respondent No.1.
                      Ms. M. R. Tidke, APP, for the Respondent-State.
                                                    ——————

                                                              Coram: Madhav J. Jamdar, J.
                                                              Date: 08 September 2026
                      P.C.:


                      1.      At the outset, Mr. Dubey, learned Counsel appearing for

                      Respondent No.1, states that there is an alternate remedy of Revision

                      to challenge the impugned Order of issuance of process.

                      2.      In view of the said contention raised by Mr. Dubey, learned

                      Counsel for Respondent No.1, Mr. Manjrekar, learned Counsel appearing

                      for the Petitioner seeks withdrawal of the Writ Petitions with liberty to

                      avail the alternate remedy.



                      Arjun                               1
                                                          20-WP-4250-2024.doc


3.      Accordingly, the Writ Petitions are allowed to be withdrawn with

liberty as sought.

4.      It is clarified that this Court has not considered the merits and all

contentions on merits are expressly kept open.

5.      However, it is required to be noted that the Order issuing process

is dated 23rd March 2016 and the Writ Petitions have been filed on 4th

June 2024. Accordingly, the Petitioner will get the benefit of Section 14

of the Limitation Act, 1963 from the period of 4th June 2024 till 8th

September 2026.



                                                  [Madhav J. Jamdar, J.]




Arjun                                2

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