Bombay High Court

GOA BAGAYATDAR SAHAKARI KHAREDI VIKRI SAUNSTHAN MARYADIT REP BY MANG. DIRECTOR ULHAS UMARYEversusSUPRIYA VASUDEV GAUDE

Disposal: Withdrawn

Holding

The petition is withdrawn with liberty to raise all contentions in appropriate proceedings after the final award.

Summary

The petition was filed by Goa Bagayatdar Sahakari Kharedi Vikri Saunsthan Maryadit, represented by its Managing Director, against Supriya Vasudev Gaude. The petitioner, through counsel Omkar Kulkarni, sought the Court's permission to withdraw the writ petition while retaining the right to raise all grounds of challenge in future proceedings after a final award is passed. The Court considered whether such a withdrawal with liberty to re‑assert contentions was permissible. It held that the petition could be withdrawn on the terms sought, allowing the petitioner to raise the matters later in the appropriate forum. Consequently, the writ petition was disposed of as withdrawn, with liberty granted to the petitioner to pursue the issues subsequently.

Issues considered

What is the propriety of allowing a petitioner to withdraw a writ petition while preserving the liberty to raise the same grounds in future proceedings after a final award?

Subjects

withdrawal of writ petition
liberty to raise grounds
final award
procedural discretion
high court

Judgment

  2026:BHC-GOA:1835
                                                          28 WP 801 2023

                          Amrut

                                  IN THE HIGH COURT OF BOMBAY AT GOA
                                            WRIT PETITION NO.801 OF 2023

                     GOA BAGAYATDAR SAHAKARI KHAREDI
                     VIKRI SAUNSTHAN MARYADIT REP BY
                     MANG. DIRECTOR ULHAS UMARYE                                ... PETITIONER
                       Versus
                     SUPRIYA VASUDEV GAUDE                                      ... RESPONDENT


                     Mr. Omkar Kulkarni, Advocate for the Petitioner.
                     Mr. Yash Naik, Advocate for the Respondent.


                                             CORAM:- S. G. CHAPALGAONKAR, J.
                                             DATED :- 11th September, 2026

                     P.C.:


                     1.           Learned Advocate appearing for Petitioner, on instructions,
                     seeks permission to withdraw petition with liberty to take up all
                     grounds of challenge after passing of final award.


                     2.           Writ Petition stands disposed of as withdrawn with liberty
                     as prayed. All contentions of parties are kept open to be raised in
                     appropriate proceedings to be taken up after passing of final award.



                                                                S. G. CHAPALGAONKAR, J.



Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
                                                             Page 1 of 1
Date: 11/09/2026 15:22:14
                                                         11th September, 2026

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