MAHENDRAKUMAR KANCHANDEV MODIversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- MAULIK SHELAT
Holding
The Court may allow the petitioner to make a written representation to the respondents and, in the absence of a pressed petition, may dispose of it without examining the merits.
Summary
The petitioners sought permission to approach certain respondents via a written representation concerning the non‑release of their legitimate dues by the liquidator of Sami Taluka Nagrik Sahakari Bank Limited. The Court granted the permission, directing the petitioners to file the representation with requisite documents by 31‑Jan‑2026 and stating that any such representation would be decided within a month of receipt. The Court clarified that it had not examined the merits of the underlying dispute and that any substantive grievance, if found, would be addressed by the appropriate respondent. Since the petition was not pressed, the Court discharged the notice, vacated any interim relief, and disposed of the petition. Direct service was also permitted.
Issues considered
- Whether the Court may grant permission to file a written representation to the respondents before examining the merits of the dispute
- Whether a petition that is not pressed can be disposed of without adjudicating the substantive claims
Subjects
Judgment
C/SCA/16081/2020 ORDER DATED: 16/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16081 of 2020
=============================================
MAHENDRAKUMAR KANCHANDEV MODI & ORS.
Versus
STATE OF GUJARAT & ORS.
=============================================
Appearance:
MR VC VAGHELA(1720) for the Petitioner(s) No. 1,2,3
MS FORUM SHAH, AGP for the Respondent State
NOTICE SERVED for the Respondent(s) No. 1,2,3,4,5
=============================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 16/01/2026
ORAL ORDER
1. At the outset, Mr.V.C.Vaghela, learned advocate for the
petitioners, under the instructions of his client, does not press
the present petition, with liberty to approach the respondents,
more particularly respondent Nos.2 and 3, by way of a
suitable written representation as regards non-release of
legitimate dues of the petitioners by respondent No.4, the
Liquidator of the Sami Taluka Nagrik Sahakari Bank Limited.
2. Permission, as sought for, is granted.
3. It is open for the petitioners to =le a suitable
representation to the respondents with requisite documents in
relation to their claim which is alleged not to have been
released by respondent No. 4 - Liquidator of Sami Taluka
Nagrik Sahakari Bank Limited. If such a representation is
received by the respondents on or before 31.01.2026, the
Page 1 of 2
C/SCA/16081/2020 ORDER DATED: 16/01/2026
same shall be decided within one month from the date of
receipt of such representation.
4. It is made clear that this Court has neither gone into nor
examined the merits of the matter. Nonetheless, if any
substance is found in the grievance of the petitioners, an
appropriate order or direction shall be passed by the
respondent concerned to respondent No.4, in accordance with
law, thereby the grievance of the petitioners may be
redressed.
5. The petition is disposed of, as not pressed. Notice is
discharged. Interim relief, if any, stands vacated.
6. Direct service is permitted.
(MAULIK J. SHELAT, J)
GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 16/01/2026 15:04:25
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.