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2000 Supreme(SC) 2086

SUPREME COURT OF INDIA
A.S. Anand, CJI., R.C. LAHOTI, SHIVARAJ V. PATIL, JJ.
Vinod Kapoor – Petitioner
Versus
State of Goa and Others – Respondents
S.L.P. (C) No.....of 2000, C.C. No. 7798
Decided On : 22-11-2000

Important Points

A special leave petition may be dismissed as withdrawn if the petitioner chooses to pursue a review petition in the court below.

Subject

Civil Law - Procedural Law

Headnote

(A) Civil Procedure - Withdrawal of special leave petition - Filing of review petition in court below - Petition dismissed as withdrawn. (Para 2)

Facts of the case:
The petitioner sought to withdraw the special leave petition after having filed a review petition in the court below.

Findings of Court:
The petition is dismissed as withdrawn.

Issues: Whether a special leave petition may be withdrawn following the filing of a review petition in the court below.

Ratio Decidendi: The court permits the withdrawal of a petition when the party seeks to pursue a remedy of review in the court below.

Result: Special leave petition dismissed as withdrawn.

Legal Category Hierarchy

  • practice and procedure
    • appellate procedure
      • special leave petition
        • withdrawal of petition (Para 1)

Table of Contents

1. Review petition filed in High Court — Counsel seeks withdrawal of special leave petition. (Para 1 )

2. Petitioner's counsel submits review petition pending before High Court and seeks withdrawal. (Para 1 )

3. Special leave petition dismissed as withdrawn upon counsel's request. (Para 1 )

ORDER :

1. Upon motion, taken on board.

2. It is submitted that the petitioner has filed a review petition in the High Court and, therefore, the learned counsel has instructions to withdraw the petition. The special leave petition is, accordingly, dismissed as withdrawn.

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