Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction
Order Date: 08 September 2026
Case Overview
- Petitioners: Bimal Kumar Awadh Prasad Singh (Petitioner)
- Respondents: M/s Systematic Infotech Pvt. Ltd. & Anr. (Respondent No.1)
- Writ Petition Nos.: 4250 of 2024 and 4252 of 2024 filed on 4 June 2024.
- Counsel: Mr. Prajit S. Manjrekar for the Petitioner; Mr. Anil M. Dubey for Respondent No.1; Ms. M. R. Tidke, APP, for the Respondent‑State.
- The Respondent argued that an alternate remedy of Revision exists to challenge the impugned order of issuance of process.
- The Petitioner, after hearing, sought withdrawal of the writ petitions while retaining the liberty to approach the alternate remedy.
Court Findings & Directions
1. The Court allowed the withdrawal of both writ petitions as sought by the Petitioner, granting liberty to avail the revision remedy.
2. The Court expressly stated that it has not examined the merits of the underlying dispute; all merits‑related contentions remain open.
3. The order issuing process under challenge is dated 23 March 2016, whereas the writ petitions were filed on 4 June 2024.
4. Consequently, the Petitioner will benefit from Section 14 of the Limitation Act, 1963 for the period from 4 June 2024 up to the order date, 8 September 2026.
Final Outcome
- Both writ petitions are withdrawn; no substantive merits are decided.
- The Petitioner retains the right to pursue a revision remedy.
- Section 14 Limitation Act benefit is granted for the specified period.
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