Supreme Court Allows Withdrawal of Application in Civil Appeal — Court permits withdrawal and allows filing of review petition. Specific legal finding includes the allowance of withdrawal and the provision for a review petition under relevant procedural rules.

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Case Note & Summary

The Supreme Court dealt with an application for clarification and direction in the context of Civil Appeal No. 6497 of 2002, where the Union of India was the appellant against Glaxo India Ltd. and another. Mr. T.R. Andhyarujina, representing the applicants, sought permission to withdraw the application. The Court granted this permission, allowing the application to be disposed of as withdrawn. Furthermore, the Court provided liberty to the applicants to file a proper review petition for appropriate reliefs and orders within two weeks from the date of the order. This decision underscored the Court's willingness to facilitate the applicants in pursuing their claims through the appropriate legal channels.

Headnote

A) Civil Procedure - Withdrawal of Application - Permission to Withdraw - Notified application for clarification and direction was withdrawn by the applicants - Court granted liberty to file a proper review petition for appropriate reliefs within two weeks - Held that the withdrawal was permitted and the applicants were allowed to seek further relief through a review petition (Paras Not mentioned).

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Issue of Consideration

Whether the applicants can withdraw the application and file a review petition.

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Final Decision

The Court granted permission to withdraw the application and allowed the applicants to file a proper review petition for appropriate reliefs within two weeks.

Law Points

  • Withdrawal of application
  • Review petition
  • Clarification and direction
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Case Details

2011 LawText (SC) (11) 130

Civil Appeal No. 6497 of 2002

2011-11-24

H.L. Dattu, Chandramauli Kr. Prasad

T.R. Andhyarujina

Union of India

Glaxo India Ltd. & Anr.

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Nature of Litigation

Application for clarification and direction in a civil appeal.

Remedy Sought

Withdrawal of the application and permission to file a review petition.

Issues

Whether the applicants can withdraw the application and file a review petition.

Submissions/Arguments

The applicants sought permission to withdraw the application.

Ratio Decidendi

The Court's decision emphasized the procedural flexibility allowing withdrawal of applications and the opportunity to seek further relief through review petitions.

Judgment Excerpts

Permission sought is granted. The application is disposed of as withdrawn. We grant liberty to the applicants/respondents in the Civil Appeal to file a proper review petition for appropriate reliefs and orders within two weeks from today.

Procedural History

The application was filed in the context of Civil Appeal No. 6497 of 2002, and the request for withdrawal was made by the applicants.

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