Bombay High Court

ASSOCIATE TOWNSHIP BUILDERS PVT. LTD. THR ITS AUTH REPRESENTATIVE HARSHAD DINESH CHARIversusALLOTEES OF ASSOCIATE FLORENCIO THR ITS SECRETARY ATUL KHANOLKAR

Disposal: Withdrawn

Holding

The writ petition is withdrawn, with liberty granted to the petitioner to approach the tribunal.

Summary

Associate Township Builders Pvt. Ltd. filed a writ petition in the Bombay High Court, Goa bench, challenging a matter that the respondent Allottees of Associate Florencio claimed could be addressed before a statutory tribunal. The respondent contended that the petition was not maintainable because the petitioner had an alternative remedy. The petitioner’s counsel sought permission to withdraw the writ petition and approach the tribunal, requesting that the time spent on the petition be counted towards the limitation period for the tribunal remedy. The Court allowed the withdrawal, granting liberty to pursue the alternate remedy and directing that the interim relief ordered on 17‑08‑2026 remain effective for ten days from the date of the order. The Court also noted that the period spent on the petition would be considered for limitation purposes if the petitioner proceeds before the tribunal.

Issues considered

Whether a writ petition is maintainable when the petitioner has an alternative remedy before a statutory tribunal

Subjects

writ petition
alternative remedy
tribunal
limitation period
interim order
withdrawal

Judgment

                                  906 WP 912 2026

     Niti

             IN THE HIGH COURT OF BOMBAY AT GOA
                      WRIT PETITION NO.912 OF 2026

ASSOCIATE TOWNSHIP BUILDERS PVT.
LTD. THR ITS AUTH REPRESENTATIVE
HARSHAD DINESH CHARI                                   ... PETITIONER
  Versus
ALLOTEES OF ASSOCIATE FLORENCIO
THR ITS SECRETARY ATUL KHANOLKAR                       ... RESPONDENT


Mr. Dattaprasad Lawande with Mr. Ashish Krishnanath
Kuncoliencar, Advocates for Petitioner.
Mr. C. Padgaonkar, Advocate for Respondent.


                       CORAM:- S. G. CHAPALGAONKAR, J.
                       DATED :- 6th October, 2026

P.C.:


            Learned Advocate appearing for Respondent raises the
objection as to the entertainability of this Petition on the ground
that Peititioner has a remedy to approach the Tribunal for purpose
of the reliefs claimed in the Petition.


2.          Faced with the aforesaid contentions, learned Counsel
appearing for Petitioner, after arguing for some time, seeks
permission to withdraw the Writ Petition with liberty to avail
alternate remedy before the Tribunal.



                                     Page 1 of 2
                                   6th October, 2026
                                                           906 WP 912 2026


                       3.        In the result, Writ Petition stands disposed of as withdrawn
                       with liberty as prayed for. Needless to state here that the time
                       consumed in prosecuting the present Petition shall be considered
                       for counting the limitation in case the Petitioner avails the alternate
                       remedy before the Tribunal.


                       4.        Interim arrangements made in Writ Petition vide order dated
                       17.08.2026 shall remain in force for a period of 10 days from
                       today.



                                                                  S. G. CHAPALGAONKAR, J.




Signed by: NITI K HALDANKAR
Designation: Private Secretary
                                                              Page 2 of 2
Date: 06/10/2026 14:38:17
                                                            6th October, 2026

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