Bombay High Court

SUNILKUMAR PANNALAL KALANTRI AND OTHERSversusOCTAGON FOODS PRIVATE LTD THROUGH ITS AUTHORIZED OFFICER AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court may grant leave to withdraw a writ petition and dismiss it as withdrawn.

Summary

The petitioners, Sunilkumar Pannalal Kalantri and others, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking relief against Octagon Foods Private Ltd. While the petition was pending, the petitioners identified an alternate remedy and approached the Court to withdraw the writ petition. The petitioners, through Advocate Mr. Avinash N. Irpatgire, requested leave to withdraw the petition. The Court considered its inherent power to allow withdrawal of a petition when no prejudice is caused. It granted leave to withdraw, dismissed the writ petition as withdrawn, and advised the authorities to note the time spent on the now unnecessary litigation. The order emphasizes the Court's discretion to permit withdrawal in favor of more appropriate remedies.

Issues considered

Whether the High Court may grant leave to withdraw a writ petition when an alternate remedy is available

Subjects

withdrawal of writ petition
alternate remedy
high court procedure
civil procedure
jurisdiction

Judgment

                               1                    901-WP.8558-26.odt


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

               901 WRIT PETITION NO. 8558 OF 2026

    SUNILKUMAR PANNALAL KALANTRI AND OTHERS
                     VERSUS
OCTAGON FOODS PRIVATE LTD THROUGH ITS AUTHORIZED
              OFFICER AND OTHERS
                                  ...
        Advocate for the Petitioners : Mr. Avinash N. Irpatgire.
                                  ...

                         CORAM : MANJUSHA A. DESHPANDE, J.
                         DATE : 08.09.2026

PER COURT :-

1.       Learned Advocate for the Petitioners, on instructions,

seeks leave to withdraw the Writ Petition in lieu of the

availability of an alternate remedy.

2.       Leave is granted.

3.       In view thereof, Writ petition is dismissed as withdrawn

with liberty as prayed for.

4.       The concerned Authority may consider the time

consumed by the petitioners while prosecuting the wrong

remedy before this Court.




                                   (MANJUSHA A. DESHPANDE, J.)

                                    ...

vmk/-

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