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2021 Supreme(Sikk) 129
HIGH COURT OF SIKKIM
Jitendra Kumar Maheshwari, CJ.
Managing Director, Sikkim Power Development Corporation - Appellant
Versus
Senior Branch Manager, Oriental Insurance Co. Ltd. - Respondent
CRP No. 04/2020
Decided On : 18-08-2021
Important Points
Subject
Civil Law - Revision Petition
Act Referred
Headnote
(B) Withdrawal of Petition - The court acknowledged the request of the counsel for the applicant to withdraw the petition while allowing the liberty for future recourse under law. Such withdrawals are permissible provided there is no objection from the other party. (Paras 1-3)
Facts of the case:
The applicant sought to withdraw a Revision Petition and requested permission for a certified copy of the impugned order to be returned, which was unopposed by the respondent.
Findings of Court:
The Revision Petition was dismissed as withdrawn, allowing the applicant to take further legal recourse as per law.
Issues: The primary issue was whether the applicant could withdraw the Revision Petition and if so, under what conditions.
Ratio Decidendi: The court ruled that withdrawal of a petition is allowable if the other party does not object and permits the liberty to pursue further legal options.
Result: CRP No. 04/2020 stands dismissed as withdrawn.
Mr. Sudhir Prasad, Advocate, for the Petitioner; Mr. Manish Kr. Jain, Advocate, for the Respondent
JUDGMENT
Learned Counsel for the applicant seeks permission to withdraw this Revision Petition with a liberty to file a petition under Article 227 of the Constitution of India.
He further prays that the certified copy of the impugned order may be returned back to him.
Learned Counsel representing the other side has no objection.
Considering the aforesaid this Revision Petition stands dismissed as withdrawn with liberty as prayed.
Registry is directed to return the certified copy of the impugned order to the petitioner on filing the photocopy thereof within a week.
Petitioner is at liberty to take recourse as per law.
Accordingly, CRP No.04/2020 stands dismissed as withdrawn.
