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Bombay High Court

TAPI SAHAKARI PATPEDHI LTD THROUGH DIGAMBAR RAMA PATILversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court allowed the petitioner to withdraw the writ petition and granted liberty to approach the Co-operative Court, with the time spent to be considered for condonation of delay.

Summary

Tapi Sahakari Patpedhi Ltd, through its counsel, filed a writ petition seeking relief against the State of Maharashtra and others. The petitioner later requested permission to withdraw the petition and to approach the Co-operative Court for the dispute. The Court considered the petitioner's request and the procedural implications of withdrawing a writ petition. It granted the petitioner's request, allowing the withdrawal and granting liberty to approach the Co-operative Court. The Court further directed that any delay incurred in the withdrawn petition be taken into account by the Co-operative Court when considering condonation of delay, and ordered that any pending civil applications be disposed of.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition and approach the Co-operative Court
  • Whether the time spent in prosecuting the withdrawn writ petition can be considered for condonation of delay in the Co-operative Court

Subjects

  • withdrawal of writ petition
  • co-operative court
  • condonation of delay
  • civil procedure
  • co-operative societies

Judgment

2026:BHC-AUG:12185
             Dilwale                                        1                    10-wp-8923-16.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                              10 WRIT PETITION NO. 8923 OF 2016
                    Tapi Sahakari Patpedhi Ltd Through Digambar Rama Patil
                                               VERSUS
                               The State Of Maharashtra And Others
                                                  ...
             Advocate for the Petitioner : Mr. Gaikwad Pramod S
             AGP for Respondents: Mr. R. B. Dhaware
                                                  ...
                                   CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                       DATE          : 18.03.2026

             PER COURT :
             1.        Learned Counsel for the petitioner, on instructions, seeks

             permission to withdraw the present petition with liberty to approach the

             Co-operative Court.

             2.        Permission granted.

             3.        In view thereof, the Writ Petition stands disposed of as withdrawn

             with liberty as prayed for.

             4.        If the petitioner files a dispute within a period of three weeks from

             today, the time spent in prosecuting the present writ petition shall be

             taken into consideration by the Co-operative Court while deciding an

             application for condonation of delay. In the event, such dispute is filed,

             the Co-operative Court shall decide the same on its own merits in

             accordance with law.

             5.        Pending Civil Applications, if any, also stand disposed of.



                                                  [ SIDDHESHWAR S. THOMBRE J. ]


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