This court permitted the withdrawal of the writ petition filed by the petitioners, holding that the right to withdraw is absolute. The withdrawal is unconditional, the petition is dismissed, and all interim orders are vacated.
Withdrawal of the writ petition permitted unconditionally; petition dismissed; all interim orders vacated.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 680 OF 2002
Kantilal C. Kothari & Ors. .. Petitioners.
vs.
State of Maharashtra
& Anr. .. Respondents.
Mr. D.D. Madon i/by Mulla & Mulla
for petitioners.
Mr. A.A. Kumbhakoni, Addl. Adv.
General a/w Geeta Shastri, AGP.,
for respondents.
CORAM : S.U. KAMDAR, J.
DATE : 5th April, 2006.
P.C.:
. After the matter was heard for two days on
29.3.2006 and 3.4.2006, the judgement was reserved.
After reservation of the judgment, the learned
Advocate for the petitioners has tendered an
application for withdrawal of the petition.
2. The said application for withdrawal has been
opposed by the respondents on the ground that by
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virtue of the interim orders passed in the present
petition on 4.3.2002 they have not been able to
recover the amount and, therefore, no withdrawal
should be granted. I am of the opinion that the
right of the petitioner to withdraw the petition is
absolute and, therefore, I am permitting the
withdrawal of the petition. However, the said
withdrawal is unconditional. Accordingly, writ
petition is dismissed as withdrawn. All interim
orders stands vacated. The respondents will be at
liberty to execute the impugned order in accordance
with law and will be at liberty to take out all
proceedings for interest if available in law.
1 issue framed by the court
Whether a withdrawal application for a writ petition should be granted despite opposition by respondents relying on interim orders.
Kantilal C. Kothari & Ors.
State of Maharashtra
Anr.
S.U. Kamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court