Disposed¶18

Rcube Realty v. State of Maharashtra through G P and Ors.

Bombay HC3 Apr 2025WP/4481/2025

Case brief

AI extract

What is this about?

Bombay High Court writ petition withdrawal; Rcube Realty v. State of Maharashtra & Ors.; W.P. No.4481 of 2025; Amit Borkar J.; 28-04-2025; disposed of as withdrawn with liberty to file independent civil suit challenging impugned order; civil court to decide on own merits free from influence of observations in impugned order or withdrawal order.

What did the court decide?

Writ petition permitted to be withdrawn and disposed of as withdrawn, with liberty reserved to the petitioner to initiate appropriate civil proceedings raising all available contentions, including liberty to challenge the validity of the impugned order and seek enforcement of civil rights claimed to have accrued; civil court directed to decide any such suit strictly on its own merits. ¶18

Rcube Realty vs State of Maharashtra through G P and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Ratio / Principle

Permission granted for withdrawal of the writ petition, with the liberties prayed for by the petitioner: liberty to raise all contentions urged in the writ petition and any other available contentions in an independent civil suit, including liberty to challenge the validity of the impugned order and to seek enforcement of civil rights claimed to have accrued.

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Key takeaways

The writ petition is disposed of as withdrawn, with liberty reserved to the petitioner to initiate appropriate civil proceedings and urge all available grounds therein.ratio¶18
Clarification: any civil suit filed pursuant to the liberty granted shall be decided by the civil court strictly on its own merits, without being influenced by the observations made in the impugned order or in the present order.ratio¶19

Detailed headnote1 paragraphs

Writ Petition No.4481 of 2025, Rcube Realty v. The State of Maharashtra & Ors. (High Court of Judicature at Bombay, Civil Appellate Jurisdiction; Coram: Amit Borkar, J.; decided April 28, 2025). On the instruction of the partner of the petitioner-firm, learned Senior Advocate Mr. A. S. Khandeparkar sought withdrawal of the writ petition with liberty to raise all contentions urged therein, and any others available, in an independent civil suit, including liberty to challenge the validity of the impugned order and to seek enforcement of civil rights claimed to have accrued. Permission was granted and the writ petition was disposed of as withdrawn with liberty reserved to initiate appropriate civil proceedings. It was clarified that any such civil suit shall be decided by the civil court strictly on its own merits, without being influenced by observations in the impugned order or in the present order.

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Shabnoor

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Digitally signed bySHABNOOR SHABNOORAYUB AYUBPATHAN PATHAN Date: 2025.04.28 17:31:53 +0530

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WRIT PETITION NO.4481 OF 2025

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Rcube Realty … Petitioner V/s. The State of Maharashtra & Ors. … Respondents

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Mr. A. S. Khandeparkar, Senior Advcoate with Saurabh Mittal with Mr. Rohit P Mahadik with Rushikesh Bhagat and Mr. Farhan Shaikh i/by Khandeparkar & Associates for petitioner.

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Smt. V. R. Raje, AGP for State – respondent Nos.1 and 2. Mr. Prasad S. Dani a/w Mr. Nikhil Wadikar for respondent No.3.

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Mr. Nitesh S. Nevshe (through V.C.) for respondent No.4.

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CORAM : AMIT BORKAR, J.

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DATED : APRIL 28, 2025

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P.C.:

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Mr. Khandeparkar, learned Senior Advocate appearing for the petitioner, upon instructions received from the partner of the petitioner-firm, submits that the petitioner desires to withdraw the present writ petition. He prays that such withdrawal may be permitted with liberty to the petitioner to raise all the contentions that have been urged in the present writ petition, as well as any other contentions that may be available to the petitioner, in an independent civil suit. The petitioner also seeks liberty to challenge the validity of the impugned order and to seek enforcement of the civil rights which are claimed to have accrued

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in favour of the petitioner.

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Considering the request made, and the submissions advanced, permission as prayed for is granted.

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Accordingly, the writ petition stands disposed of as withdrawn, with liberty reserved in favour of the petitioner to initiate appropriate civil proceedings as prayed for, and to urge all available grounds therein.

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It is clarified that if any civil suit is filed by the petitioner, the civil court shall decide the said suit strictly on its own merits, without being influenced in any manner by the observations made either in the impugned order which is subject matter of challenge, or in the present order passed today.

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(AMIT BORKAR, J.)

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Rcube Realty v. State of Maharashtra through G P and Ors.

Case brief

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Rcube Realty v. State of Maharashtra through G P and Ors.

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