Bombay High Court

JANA SMALL FINANCE BANK LTD. THR. ITS AUTHORIZED OFFICERversusTHE STATE OF MAHARASHTRA THR. GOVT. PLEADER AND ORS.

Disposal: Disposed Off

Holding

The petition is disposed of as withdrawn, with liberty granted to the petitioner to file the appropriate application before the CJM.

Summary

The petitioner, Jana Small Finance Bank Ltd., sought leave to withdraw its writ petition and instead file an application before the Chief Judicial Magistrate, Kolhapur, to enforce an order dated 24 July 2025. The Court considered the request to withdraw the petition. Both judges agreed to allow the withdrawal, granting the petitioner liberty to pursue the appropriate application before the CJM. The petition was consequently disposed of as withdrawn. The Court expects the CJM to decide the subsequent application expeditiously.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and file a separate application before the Chief Judicial Magistrate.

Subjects

withdrawal of writ petition
procedural law
civil appellate jurisdiction
application to CJM
court discretion

Judgment

2026:BHC-KOL:9315-DB

                                                                          65-WP-4784-2026.doc


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

                                     WRIT PETITION NO. 4784 OF 2026


               Jana Small Finance Bank Ltd. Thr. Its Authorized           ...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. P.P.Kukade, Addl. GP a/w Mr. V.G.Badgujar, AGP, Mr. R.S.Pawar, AGP, Mr.
               V.M.Mali, 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 24 th July, 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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