Bombay High Court

BALU TUKARAM MORE AND ORSversusPHOENIX MECANO INDIA PVT LTD THRU AUTHORISED

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The Court allowed the petitioners to withdraw the writ petition and remitted the matter to the trial court for adjudication on its merits.

Summary

Petitioners Balu Tukaram More and others filed a writ petition before the High Court of Bombay challenging an order. The Court expressed its disinclination to entertain the petition. The petitioners then sought leave to withdraw the petition and to file an application before the trial court under Order 26 Rule 9 of the Code of Civil Procedure, 1908. The Court granted the leave, directing that any such application be decided by the civil judge on its merits without being influenced by the impugned order. Consequently, the writ petition was disposed of as withdrawn, with all contentions left open for consideration by the trial court.

Issues considered

Whether the petitioners may be permitted to withdraw the writ petition and seek relief before the trial court under Order 26 Rule 9 of the CPC

Subjects

writ petition
withdrawal
civil procedure
Order 26 Rule 9
High Court of Bombay
remand

Judgment

  2026:BHC-AS:35975

                                                                                      11 wp 5648 of 2026.doc

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                            WRIT PETITION NO.5648 OF 2026

                      Balu Tukaram More and Ors.                            ...   Petitioners
                            versus
                      Phoenix Mecano (India) Pvt. Ltd.                      …     Respondent

                      Mr. Tukaram Shendge with Mr. Santosh Ghule Patil, Mr. Rushikesh Salunkhe,
                      for Petitioners.
                      Mr. S.R.Firodiya, for Respondent.

                                           CORAM:       N.J.JAMADAR, J.
                                           DATE :       31 AUGUST 2026
                      P.C.

                      1.       Heard the learned Counsel for the parties.

                      2.       When the Court expressed its disinclination to entertain the Petition,

                      learned Counsel for the Petitioners seeks leave to withdraw the Petition with

                      liberty to file an application before the trial Court under the provisions of Order

                      26 Rule 9 of the Code of Civil Procedure, 1908.

                      3.       Leave granted with liberty as prayed for.

                      4.       In the event, such an application is filed, the learned Civil Judge is

                      requested to decide the same on its own merits and in accordance with law

                      without being influenced by the observations in the impugned order.

                      5.       All contentions of all the parties are kept open for consideration by the

                      trial Court.

                      6.       The Writ Petition stands disposed as withdrawn.

                                                                            ( N.J.JAMADAR, J. )

                      SSP                                                                    1/1



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 02/09/2026 15:09:25

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