Patna High Court
India through the General Manager, East Central Railway,versusM/s Kamal Construction, a partnership firm
- Decided
- Disposal
- WITHDRAWN
Holding
The appeal is dismissed as withdrawn, with liberty to the appellant to approach the appropriate forum.
Summary
The Union of India (through the General Manager, East Central Railway) appealed against M/s Kamal Construction in the Patna High Court. The respondent raised a preliminary objection questioning the maintainability of the appeal. The appellant, through senior counsel, subsequently requested to withdraw the appeal and to re‑file it before a suitable forum. The court entertained this request, noting no objection from the respondent. Consequently, the appeal was dismissed as withdrawn, with liberty granted to the appellant to seek appropriate relief elsewhere. All other contentions were left to the parties.
Issues considered
- Whether the appeal is maintainable before the Patna High Court
- Whether an appellant may withdraw an appeal and re‑file it before another forum
Subjects
- appeal withdrawal
- maintainability
- commercial appeal
- high court procedure
- preliminary objection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
COMMERCIAL APPEAL No.20 of 2025
======================================================
Union of India through the General Manager, East Central Railway, Hajipur,
District- Vaishali (Bihar).
... ... Appellant/s
Versus
M/s Kamal Construction, a partnership firm through, P.O.A. Holder Shri
Subodh Kumar Singh, Mehadauli, Begusarai, District- Begusarai (Bihar).
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satyabir Bharti, Sr. Advocate
Mr.Shivaditya Dhari Sinha, Advocate
For the Respondent/s : Mr. Apurv Yash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
4 25-03-2026 I.A. No.1 of 2026
In the hearing dated 17.03.2026, Mr. Satyabir Bharti,
learned senior counsel for the appellant took some time to
respond to the preliminary objection raised on behalf of the
respondent.
2. The objection relates to the very maintainability of
the present appeal in the High Court.
3. Today, learned senior counsel for the appellant
submits, on instruction, that the appellant may be allowed to
withdraw the appeal from this Court and he may be allowed to
present the same before the appropriate court.
4. Learned counsel for the respondent has no
Patna High Court COMMERCIAL APP No.20 of 2025(4) dt.25-03-2026
2/2
objection to the same.
5. Keeping in view the aforementioned submissions,
the appeal is dismissed as withdrawn with liberty to the
appellant to seek its remedy before the appropriate forum/court
as may be advised. All the contentions are left upon to the
parties.
6. Accordingly, the appeal as well as Interlocutory
Application stand disposed of.
(Rajeev Ranjan Prasad, J)
( Soni Shrivastava, J)
arvind/-
U
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