1. Transfer petition became infructuous — request to withdraw miscellaneous application. (Para 1 )
2021 Supreme(SC) 1106
SUPREME COURT OF INDIA
ABHAY S. OKA, J.
Nidhi Sethi – Petitioner
Versus
Harsh Kumar – Respondent
Miscellaneous Application No. 2309 of 2020, Transfer Petition (Civil) No. 1031 of 2019
Decided On : 01-10-2021
The transfer petition became infructuous, leading to the dismissal of the application as withdrawn.
Headnote:
Transfer Petition - Infructuous - Dismissal as Withdrawn
Fact of the Case:
The transfer petition has become infructuous, and the petitioner seeks permission to withdraw the miscellaneous application.
Finding of the Court:
The court dismisses the application as withdrawn.
Issues:
Ratio Decidendi:
Final Decision: The application is dismissed as withdrawn.
Legal Category Hierarchy
Table of Contents
2. Petitioner sought permission to withdraw the miscellaneous application. (Para 1 )
3. The court noted that the transfer petition had become infructuous. (Para 1 )
4. Miscellaneous application dismissed as withdrawn. (Para 2 )
5. Can a miscellaneous application be withdrawn if the main transfer petition becomes infructuous?
Yes, the petitioner may seek permission to withdraw the application, and the court may subsequently dismiss it as withdrawn. (Para 1 , 2 )
ORDER :
1. As the transfer petition has become infructuous, learned counsel for the petitioner seeks permission to withdraw the miscellaneous application.
2. Accordingly, the application is dismissed as withdrawn.