Vijedrakumar Shyamlal Sharma v. M/S. Sai Krishna Warehousing Pvt. Ltd. Thr. Its Director Girish K. Mhatre

15-WP-4868-2026.DOC Ajit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4868 OF 2026 Vijedrakumar Shyamlal Sharma

...Petitioner

Versus

M/s. Sai Krishna Warehousing Pvt. Ltd.

Thr. Its Director Girish K. Mhatre

...Respondent

Mr. Suresh M. Sabrad, Amey C. Sawant, Pratik Sabrad and Eshwaree Kudalkar, for the Petitioner.

Mr. Sandesh R. Patil, for the Respondent.

CORAM:

N. J. JAMADAR, J.

DATE :

17th APRIL 2026 P.C.:

1.

Heard the learned counsel for the parties.

2.

The challenge in this Petition is to an order dated 4th April 2026, whereby the learned Civil Judge has refused to take on board an application preferred by the Petitioner/Original Defendant under Section 151 of the Code of Civil Procedure,1908, to seek the relief of police protection.

3.

The learned counsel for the Respondent/Original Plaintiff submits that, in the event the Trial Court is directed to take the application for hearing, the Respondent/Original Plaintiff be provided an opportunity of hearing.

1/2

15-WP-4868-2026.DOC 4.

Without delving into the tenability and merits of the application proposed to be filed by the Petitioner, a copy of which is annexed at Exhibit 'L' at page No.91 of the Petition, the Petition stands disposed with the following directions:

A.

The Petitioner/Original Defendant is permitted to renew the prayer to take the said application on board before the learned Civil Judge on 20th April 2026.

B.

The learned Civil Judge is requested to take the said application on board on 20th April 2026 and pass an appropriate order in accordance with law.

C.

In the event, the learned Civil Jude decides to hear the application, an effective opportunity of hearing be provided to the Respondent-Original Plaintiff.

5.

All contentions of all the parties are kept open. [N. J. JAMADAR, J.] 2/2