Dismissed¶21

Sarvesh Aikar v. Vpk Urban Co-Operative Credit Soc. Ltd. Rep. by Pandurang Kavlekar

Bombay HC7 Jul 2025WPCR/29/2025

Case brief

AI extract

What is this about?

Goa; High Court of Bombay at Goa; WPCR 29 of 2025; Sarvesh Aikar v. VPK Urban Co-operative Credit Society Ltd.; Article 227 Constitution of India; criminal writ petition; issuance of process order dated 14.03.2022; alternate remedy; Adalat Prasad v. Rooplal Jindal (2004) 7 SCC 338; criminal revision application before Sessions Court; condonation of delay; dismissed as withdrawn; Valmiki Menezes, J.

What did the court decide?

Petition dismissed as withdrawn with leave to withdraw; petitioner permitted to file a Criminal Revision Application before the Sessions Court against the order dated 14.03.2022, with a direction that the Sessions Court consider the time spent in writ jurisdiction for condonation of delay. ¶21

Sarvesh Aikar Vs Vpk Urban Co-Operative Credit Soc… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the challenge to the order dated 14.03.2022 issuing process should proceed through this Court's writ jurisdiction under Article 227 of the Constitution of India when an alternate remedy of a Revision Application before the Sessions Court is available and ought to be exhausted.

¶16

Court's answer

In the normal course, an order of issuance of process dated 14.03.2022 ought to be challenged before the Sessions Court in terms of Adalat Prasad V/s Rooplal Jindal & ors, (2004) 7 SCC 338; since the petitioner had an alternate remedy which ought to be exhausted, the appropriate course was to file a Revision Application before the Sessions Court. The maintainability point was left open as the petition was withdrawn.

¶16

Ratio / Principle

Leave was granted to the petitioner to withdraw the Criminal Writ Petition and to file a Criminal Revision Application before the Sessions Court to challenge the order dated 14.03.2022 for issuance of process.

¶20

Key takeaways

The Criminal Writ Petition stands dismissed as withdrawn.ratio¶21
The Sessions Court shall consider the time spent before this Court in writ jurisdiction whilst considering any application for condonation of delay in the revision application to be lodged before it.ratio¶22

Detailed headnote1 paragraphs

High Court of Bombay at Goa (VALMIKI MENEZES, J.), Criminal Writ Petition No. 29 of 2025, decided 7th July, 2025 - SARVESH AIKAR v. VPK URBAN CO-OPERATIVE CREDIT SOC. LTD. REP. BY PANDURANG KAVLEKAR. The petitioner, aggrieved by an order dated 14.03.2022 issuing process, approached the Court under Article 227 of the Constitution of India. The Court observed that in the normal course such an order ought to be challenged before the Sessions Court in terms of Adalat Prasad V/s Rooplal Jindal & ors, (2004) 7 SCC 338, and that the available alternate remedy of a Revision Application ought to be exhausted first. On counsel seeking instructions-based leave, the Court permitted withdrawal and dismissal of the writ petition, allowing the petitioner to file a Criminal Revision Application before the Sessions Court, and directed the Sessions Court to consider the time spent in writ jurisdiction whilst dealing with any application for condonation of delay.

Sarvesh Aikar v. Vpk Urban Co-Operative Credit Soc. Ltd. Rep. by Pandurang Kavlekar

Case brief

What is this about?

What did the court decide?

Sarvesh Aikar v. Vpk Urban Co-Operative Credit Soc. Ltd. Rep. by Pandurang Kavlekar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

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