Bombay High Court
EKVEERA CO OPERATIVE HOUSING SOCIETY LTD. THR. THE ADMINISTRATOR VISHAL NIMBALKARversusTHE CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LTD. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is disposed of as withdrawn, with the petitioner's contentions kept open for any future remedy.
Summary
Ekveera Co-operative Housing Society Ltd. filed a writ petition before the Bombay High Court challenging the levy of an additional lease premium by CIDCO and other respondents. The petitioner later moved a praecipe seeking withdrawal of the petition, stating an intention to pursue a separate remedy for refund of the premium. The Court recorded the withdrawal and disposed of the petition as withdrawn on the petitioner’s instructions. However, the Court noted that if the petitioner later seeks any remedy regarding the premium, all contentions raised in the petition would remain open. No substantive merits of the original claim were adjudicated.
Issues considered
- Whether a writ petition may be withdrawn at the petitioner's request after filing.
- Effect of withdrawal on the preservation of the petitioner's contentions for future relief.
Subjects
- writ petition
- withdrawal
- lease premium
- refund
- civil appellate jurisdiction
- Bombay High Court
Judgment
Digitally
signed by 8.WP-4842-2025.odt
GAURI GAURI AMIT
GAEKWAD
AMIT Date:
GAEKWAD 2026.07.28
11:19:11
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4842 OF 2025
Ekveera Co-operative Housing Society Ltd. ….Petitioner
Versus
The City and Industrial Development
Corporation of Maharashtra Ltd. & Ors. ….Respondents
----
Mr. Sujay N. Gawade a/w. Ms. Mudita Pawar and Ms. Mihika Save
i/b. Shree and Co. for the Petitioner.
Ms. Savita Prabhune, AGP for the Respondent, the State.
Mr. Soham Bhalerao i/b. DSK Legal for the Respondent, the
CIDCO.
----
CORAM : RAVINDRA V. GHUGE, ACJ.
&
GAUTAM A. ANKHAD, J.
DATE : 27th JULY, 2026
P.C. :-
1. The learned Advocate for the Petitioner has moved a
praecipe dated 23rd July, 2026, on instructions from the Petitioner, to
withdraw this Petition due to the subsequent developments. The
Petitioner desires to avail of a remedy as may be permissible in law
for seeking refund of the additional lease premium. The said
praecipe is taken on record and marked as ‘X’ for identification.
2. In view of the above, this Petition is disposed off as
withdrawn, on instructions.
Gauri Gaekwad 1 of 2
8.WP-4842-2025.odt
3. If the Petitioner avails of a remedy as mentioned above,
all contentions are kept open.
(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE)
Gauri Gaekwad 2 of 2
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