Supreme Court Dismisses Applications with Liberty to File Review Petition. Respondents Granted Permission to Withdraw Applications and File Review Petitions.

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Case Note & Summary

The Supreme Court of India addressed the applications filed by the respondents in the context of a civil appeal. The respondents sought permission to withdraw their applications, expressing the intention to file appropriate review petitions instead. The court granted this request, allowing the withdrawal of the applications and dismissing them as withdrawn. The court's order emphasized the respondents' right to pursue review petitions, thereby providing them with the liberty to do so. The decision was made by a bench comprising Justices H.L. Dattu and Chandramauli Kr. Prasad on October 16, 2012.

Headnote

A) Civil Procedure - Withdrawal of Applications - Permission to Withdraw - Civil Procedure Code, 1908 - Respondents sought permission to withdraw applications with liberty to file review petitions. The court granted permission and dismissed the applications as withdrawn, allowing the respondents to file appropriate review petitions if they desired. Held that the respondents have the right to seek review (Paras Not mentioned).

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Issue of Consideration

Whether the respondents can withdraw their applications and file review petitions.

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Final Decision

The court granted permission to the respondents to withdraw their applications and dismissed them as withdrawn, allowing the liberty to file appropriate review petitions.

Law Points

  • Withdrawal of applications
  • Review petitions
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Case Details

2012 LawText (SC) (10) 73

Civil Appeal Nos. 1648-1649 of 2004

2012-10-16

H.L. Dattu, Chandramauli Kr. Prasad

Commissioner of Central Excise, Mumbai

M/s. Fiat India (P) Ltd. & Anr.

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Nature of Litigation

Civil appellate jurisdiction regarding applications for withdrawal.

Remedy Sought

Respondents sought permission to withdraw applications.

Filing Reason

Desire to file appropriate review petitions.

Issues

Permission to withdraw applications Filing of review petitions

Submissions/Arguments

Respondents sought to withdraw applications Permission to file review petitions was requested

Ratio Decidendi

The court upheld the respondents' right to withdraw applications and file review petitions as per procedural norms.

Judgment Excerpts

Permission sought for is granted. I.A.NOS.3-4 are dismissed as withdrawn with liberty to file appropriate Review Petition(s), if they so desires.

Procedural History

The respondents filed applications in the context of a civil appeal and subsequently sought permission to withdraw them.

Acts & Sections

  • Civil Procedure Code, 1908:
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