Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 13323

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
ELDHOSE VARGHESE – Appellant
Versus
M/S IDFC FIRST BANK LTD – Respondent
OP(C) NO. 769 OF 2025

Advocates:
For the Appellants/Petitioners: SRI.N.K.MOHANLAL
For the Respondents: SRI.P.SATHISAN, SRI.SHIBU B.S, SRI.BIJU P.PAUL, SMT.AKSHARA RAJU, SMT.SWALIHA SELMI T.R., SRI.RAHUL MANNALI

A petitioner can withdraw an original petition without prejudice to the right to file an appeal, and the pending period counts towards limitation.

Headnote:Statute Analysis: The court analyzed the procedural rights under civil procedure laws regarding withdrawal of petitions without prejudice. Facts of the Case: The petitioner sought to withdraw the original petition OP

(C) NO. 769 OF 2025 while preserving the right to appeal against the order dated 12.03.2025.

Findings of Court:
The court granted permission to withdraw the petition, ensuring it did not prejudice the potential appeal.

Issues: The primary question was whether the petitioner could withdraw the original petition without affecting the right to appeal.

Ratio Decidendi: The court reasoned that allowing withdrawal serves justice and preserves the appellant’s rights, indicating procedures under limitation laws.

Result: The original petition is dismissed as withdrawn.

JUDGMENT

The counsel for the petitioner seeks permission to withdraw the original petition without prejudice to the right to file an appeal against the impugned order.

Permission is granted. The original petition is dismissed as withdrawn. This will not in any manner prejudice the filing of an appeal by the petitioner. If an appeal is filed within ten days from today, the period during which the original petition was pending before this Court shall be deducted for the purpose of arriving at the period of limitation.

Sd/-

T.R.RAVI JUDGE mpm APPENDIX OF OP(C) NO. 769 OF 2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF M A (ARB) 71/2025 OF COMMERCIAL COURT, ERNAKULAM DATED 12/2/1025(WITH TYPED COPY PAGE 2 AND 3).

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2026 Supreme(Online)(Ker) 13323

IN THE HIGH COURT OF KERALA AT ERNAKULAMT.R. RAVI, JELDHOSE VARGHESE – AppellantVersusM/S IDFC FIRST BANK LTD – RespondentOP(C) NO. 769 OF 2025

A petitioner can withdraw an original petition without prejudice to the right to file an appeal, and the pending period counts towards limitation.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
ELDHOSE VARGHESE – Appellant
Versus
M/S IDFC FIRST BANK LTD – Respondent
OP(C) NO. 769 OF 2025