Bombay High Court
SHANKAR S/O. GOVIND MHATRE AND ORS.versusM/S. SAI DEVELOPERS THROUGH ITS PARTNERS AND ORS.
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The writ petitions were withdrawn and disposed of without merits, as the dispute is to be pursued in a civil suit.
Summary
Petitioners Shankar and others filed writ petitions before the Bombay High Court against Sai Developers and others, alleging breach of contractual obligations. The petitioners, through senior counsel, informed the Court that they intended to pursue their claims by filing a civil suit rather than continue the writ proceedings. The Court, noting that the matters arose out of a contract and that a civil suit is the appropriate forum, ordered the writ petitions to be withdrawn. The Court granted the petitioners liberty to file suit(s) in the competent civil court and did not examine the merits of the contentions. Consequently, the writ petitions were disposed of as withdrawn without any substantive adjudication.
Issues considered
- What is the appropriate forum for adjudicating disputes arising out of contractual obligations?
- Can a writ petition be entertained when the relief sought pertains to a civil contractual dispute?
Subjects
- Writ Petition
- Contractual Dispute
- Civil Suit
- Jurisdiction
- Withdrawal
Judgment
Digitally signed
by ARUNA
SANDEEP
ARUNA TALWALKAR
SANDEEP
TALWALKAR Date:
2026.08.21
18:04:55
+0530
10.WP5404.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5404 OF 2024
WITH
WRIT PETITION NO. 7399 OF 2024
Shankar S/O. Govind Mhatre And Ors. … Petitioners.
Versus
M/s. Sai Developers and ors. … Respondents
________
Mr. Sanjeev Kadam, Senior Advocate, a/w. Mr. Deepak C. Natu i/b.
N. Deepak & Co., Advocate for the Petitioners.
Mr. Sandeep Dilip Shinde, Advocate for Respondent No. 2.
Smt. Dhruti Kapadia, AGP for Respondent No. 3.
________
CORAM : M. S. KARNIK &
SANDESH D. PATIL, JJ.
DATE : 18th AUGUST 2026
P.C. :
1. Mr. Kadam, learned Senior Advocate for the petitioners fairly
submits that since the petitions arise out of contractual obligations
for which the suit is not filed, he has taken instruction for
withdrawing the petitions as petitioners intend to file a Civil Suit.
2. Keeping all contentions open to be raised before the competent
Civil Court, the Petitions are disposed of as withdrawn with liberty
Talwalkar 1
This order is corrected as per the speaking to the minutes of the order dated 21st August, 2026.
10.WP5404.2024.odt
to file suit/suits. We have not gone into the merits of the
contentions.
(SANDESH D. PATIL, J.) (M. S. KARNIK, J.)
Talwalkar 2
This order is corrected as per the speaking to the minutes of the order dated 21st August, 2026.
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