Case Note & Summary
The petitioner, Vinod Biharilal Narang, filed a writ petition before the Bombay High Court, Bench at Aurangabad, against the State of Maharashtra and several other respondents, including a bank and individuals. The matter was not on board, but the petitioner's counsel moved a motion to take it on the production board as the petitioner desired to withdraw the petition. The counsel submitted on instruction that the petitioner had settled his dispute with the respondents and wished to withdraw the petition. The counsel further informed that the contesting respondents (Nos. 2 and 3) had been informed and had no objection. In light of the above, the court disposed of the petition as withdrawn, discharged the rule, and disposed of any pending civil applications. The judgment is brief, consisting of only five paragraphs, and does not delve into the merits of the case.
Headnote
A) Civil Procedure - Withdrawal of Petition - Settlement - The petitioner sought to withdraw the writ petition as the dispute was settled with the respondents. The court permitted withdrawal and disposed of the petition as withdrawn, discharging the rule. (Paras 1-3)
Issue of Consideration
Whether the petitioner should be permitted to withdraw the writ petition in light of settlement with respondents.
Final Decision
The petition is disposed of as withdrawn. Rule is discharged. Pending Civil Applications, if any, stand disposed of.
Law Points
- Withdrawal of petition
- Settlement of dispute
- Disposal as withdrawn
Case Details
2017 LawText (BOM) (07) 5
WRIT PETITION NO. 4358 OF 2006
The State of Maharashtra, The Manager, Ashok Sahakari Bank Ltd., The Special Recovery Officer, Ashok Sahakari Bank Ltd., M/s Om Enterprises, Shri Maheshkumar Biharilal Narang, Shri Shirish Wamanrao Gujar, Shri Kulwantsingh Lalsingh Sethi
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India
Remedy Sought
Petitioner sought to withdraw the petition after settling the dispute with respondents
Filing Reason
Not mentioned in the judgment text
Issues
Whether the petitioner should be permitted to withdraw the writ petition in light of settlement with respondents.
Submissions/Arguments
Petitioner's counsel submitted that the petitioner has settled the dispute with respondents and desires to withdraw the petition.
Counsel for contesting respondents (Nos. 2 and 3) had no objection.
Ratio Decidendi
A petitioner is entitled to withdraw a petition if the dispute is settled with the respondents and the respondents have no objection.
Judgment Excerpts
Learned counsel for the petitioner submits on instruction from the petitioner that he has settled his dispute with the respondents and he desires to withdraw this petition.
In the light of above, this petition is disposed of as withdrawn.
Procedural History
The writ petition was filed in 2006. On 28 July 2017, the petitioner moved a motion to take the matter on board for withdrawal. The court allowed withdrawal and disposed of the petition.
