Bombay High Court

VIMLESHWAR HOTELS AND RESORTS PVT. LTD. THR. CHAIRMAN BABUL H. PARIKHversusTHE UNION OF INDIA THR. SECRETARY OF GOVERNMENT MINISTRY OF HOME AFFAIRS AND ORS

Decided: 7 July 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

Leave was granted to withdraw the petition with liberty to seek appropriate orders in First Appeal No. 831 of 2017.

Summary

Vimleshwar Hotels and Resorts Pvt Ltd filed Writ Petition No. 8158 of 2026 in the Bombay High Court seeking leave to withdraw the petition while retaining the liberty to obtain appropriate orders in First Appeal No. 831 of 2017, which challenges the judgment and decree in SCS No. 22 of 2012. The petitioner argued that withdrawal was necessary to pursue the appeal more effectively. The Court examined whether procedural rules permit a petitioner to withdraw a writ petition with such liberty. It held that the petitioner could be allowed to withdraw the petition provided the Court grants the specific liberty sought. Accordingly, the Court granted leave to withdraw the petition with liberty to seek appropriate orders in the pending appeal and disposed of the writ petition.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition with liberty to seek appropriate orders in the pending appeal

Subjects

withdrawal of petition
civil appellate jurisdiction
writ petition
procedural law
Bombay High Court

Judgment

                                                                            37-WP-8158-2026.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO. 8158 OF 2026


                   Vimleshwar Hotels And Resorts Pvt Ltd Through                ..Petitioner
                   Chairman Babul H Parikh
                         Versus
                   The Union of India Through Secretary of                  …Respondents
                   Government Ministry of Home Affairs And Ors

                   Mr. Atharva Dande, for Gautam J Jain & Ashmita Goradia, for the
                         Petitioner.

                                                 CORAM:         N. J. JAMADAR, J.
                                                 DATE :         7th JULY 2026


                   P.C.:

                   1.      Heard the learned Counsel for the petitioner.

                   2.      The learned Counsel for the Petitioner on instructions seeks leave
ARUN
RAMCHANDRA
SANKPAL
                   to withdraw the Petition with liberty to seek appropriate orders in the
Digitally signed
by ARUN
RAMCHANDRA
SANKPAL
Date: 2026.07.08
11:06:34 +0530     First Appeal No. 831 of 2017, preferred by the Petitioner against the

                   judgment and decree in SCS No. 22 of 2012.

                           Leave granted with liberty as prayed for.

                   3.      Petition disposed.




                                                                  [N. J. JAMADAR, J.]




                   ARS                                    1/1

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