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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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