Created by Fuzzy Cloud

Bombay High Court

Shri Gulzar Babu SheikhversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed off as Withdrawn

Holding

The court permitted the withdrawal of the writ petition, disposing of it as withdrawn.

Summary

The petitioners, Gulzar Babu Sheikh and another, filed a writ petition in the Bombay High Court seeking relief. They later requested permission to withdraw the petition so that they could pursue a statutory remedy under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The court considered the request and, finding no impediment, allowed the withdrawal. Consequently, the writ petition was disposed of as withdrawn. Any pending applications related to the petition were also dismissed.

Issues considered

  • Whether a writ petition may be withdrawn by the petitioners to avail a remedy under the SARFAESI Act, 2002

Legislation cited

Subjects

  • writ petition
  • withdrawal
  • SARFAESI Act
  • civil appellate jurisdiction
  • statutory remedy

Judgment

                                                                                                  6_WP8257_26.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION
                                                   WRIT PETITION NO.8257 OF 2026

                               Gulzar Babu Sheikh and another                           …       Petitioners
                               Vs.
                               State of Maharashtra and others                          …       Respondents

                               Mr. Sachin Hande a/w. Ms. Poonam Pal i/b. LexFort Associates for Petitioner.
                               Ms. Pooja Joshi Deshpande, AGP for Respondents-State.

                                                            CORAM : MANISH PITALE &
                                                                    SHREERAM V. SHIRSAT, JJ.
                                                            DATE       : JULY 17, 2026

                               P.C. :

                               .        Mr. Hande, learned counsel for the petitioners, on instructions,
                               seeks permission to withdraw this petition in order to avail of the
                               statutory remedy under the provisions of the Securitisation and
                               Reconstruction of Financial Assets and Enforcement of Security Interest
                               Act, 2002.

                               2.       The writ petition is disposed of as withdrawn with liberty as
                               aforesaid.

                               3.       Pending applications, if any, also stand disposed of.




MINAL
SANDIP
PARAB
         Digitally signed by
         MINAL SANDIP
         PARAB
         Date: 2026.07.17
         18:05:47 +0530
                               (SHREERAM V. SHIRSAT, J.)                          (MANISH PITALE, J.)




                               Minal Parab




                                                                                                              1/1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.