Single Judge Writ Petition challenging an order permitting unconditional withdrawal of a civil suit against the petitioner. The court held there is no infirmity as the plaintiff is dominus litis and Order XXIII CPC was complied with.
The writ petition challenging the withdrawal order is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
19 WP6871-2023.doc
Harish
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6871 OF 2023
Shashi K Kuttaeppan ...Petitioner
Versus
Indrayani Eatate Developers Pvt. Ltd. & Ors ...Respondents
Mr. Rahul Singh a/w Mr. Yash Naik i/b Mr. Piyush A. Singh for the Petitioner.
Mr. Rumi Mirza i/b Mr. Kaushal Thakker for Respondent No. 1.
CORAM : SHARMILA U. DESHMUKH, J. DATE : NOVEMBER 6, 2023
P. C. :
1
19 WP6871-2023.doc
in the absence of the Petitioner the Company will not be in a position to defend the proceedings.
(SHARMILA U. DESHMUKH, J. )
2
2 issues framed by the court
Whether the impugned order permitting unconditional withdrawal of a civil suit against the petitioner is legally infirm.
Whether the petitioner's contention that the company cannot defend the proceedings without their presence warrants setting aside the withdrawal order.
2 provisions across 1 enactments
Shashi K Kuttaeppan
Indrayani Eatate Developers Pvt. Ltd.
SHARMILA U. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
