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2026 Supreme(Online)(Ker) 27313
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas, J
Basil – Appellant
Versus
Oriental Insurance Company Ltd – Respondent
WP(C) NO. 12217 OF 2026
Important Points
Court permitted withdrawal of writ petition, reserving liberty for statutory or civil remedies.
Subject
Civil - Writ Petition
Act Referred
Headnote
First Paragraph: The petitioners filed a writ petition under Article 226 of the Constitution challenging orders under the Arbitration Act. The court permitted withdrawal while reserving liberty to pursue statutory remedies or civil court proceedings. No substantive findings on merits were made. Second Paragraph: The sole issue was the request for permission to withdraw the petition. The ratio decidendi is that courts may allow withdrawal of writ petitions with liberty to seek alternative remedies as per law. Third Paragraph: Writ petition dismissed as withdrawn.
Advocates:
For the Appellants/Petitioners: SHRI.A.C.DEVASIA, SRI.MATHEW DEVASSI, SMT.ANCY MATHEW
For the Respondents: K.S.SANTHI, SC, SMT.AMMINIKUTTY K., SR.GP, SRI.C.HARIKUMAR, SHRI.ARUN KUMAR M.A, SMT.FARAH JYOTHI PRADEEP, SMT.AISWARIYA V.R., SMT.GAYATHRI MENON K.
For the Appellants/Petitioners: SHRI.A.C.DEVASIA, SRI.MATHEW DEVASSI, SMT.ANCY MATHEW
For the Respondents: K.S.SANTHI, SC, SMT.AMMINIKUTTY K., SR.GP, SRI.C.HARIKUMAR, SHRI.ARUN KUMAR M.A, SMT.FARAH JYOTHI PRADEEP, SMT.AISWARIYA V.R., SMT.GAYATHRI MENON K.
| Table of Content |
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| 1. permission to withdraw with remedy liberty granted. (Para 1 , 2) |
JUDGMENT
Learned counsel for the petitioners seeks permission to withdraw this writ petition reserving the liberty with the petitioner to take recourse to statutory remedies against orders issued under the Arbitration Act or before the appropriate civil court in accordance with law.
2. Reserving the aforesaid liberty, this writ petition is dismissed as withdrawn.
