Bombay High Court
PRALHAD DHANSING RATHOD AND ANOTHERversusASSETS RECONSTRUCTION COMPANY INDIA LTD AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed as infructuous.
Summary
The petitioners, Pralhad Dhansing Rathod and another, filed Writ Petition No. 8938 of 2018 in the Bombay High Court, Aurangabad Bench, against Assets Reconstruction Company India Ltd and others. The petition sought relief, but over the years the petition became stale. Counsel for the petitioners informed the Court that, due to the efflux of time, the petition had become infructuous and no cause of action remained. The Court examined whether the petition could continue despite the lapse of time. Finding that the petition was indeed infructuous, the Court held that there was nothing left to adjudicate. Consequently, the writ petition was disposed of as infructuous.
Issues considered
- What is the appropriate disposition of a writ petition that has become infructuous due to the passage of time?
Subjects
- writ petition
- infructuous
- dismissal
- procedural lapse
- time bar
Judgment
2026:BHC-AUG:7936-DB
8938.18wp
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
54 WRIT PETITION NO. 8938 OF 2018
PRALHAD DHANSING RATHOD AND ANOTHER
VERSUS
ASSETS RECONSTRUCTION COMPANY INDIA LTD AND
OTHERS
…..
Mr N. R. Thorat, Advocate for Petitioners
Mr U. N. Shete, Advocate for Respondent No.2
…..
CORAM : KISHORE C. SANT
AND
SUSHIL M. GHODESWAR, JJ.
DATE : 20th FEBRUARY 2026
PER COURT :-
1. Learned advocate for the petitioners informs that, by
efflux of time, this petition has become infructuous. Hence, nothing
survives in the petition.
2. In view of the same, the writ petition stands disposed of as
infructuous.
[SUSHIL M. GHODESWAR, J.] [KISHORE C. SANT, J.]
sjk
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