Patna High Court
M/s SS (JV)versusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
Holding
The court may permit withdrawal of a miscellaneous case upon the petitioner's request.
Summary
The petitioner, M/s SS (JV), filed a miscellaneous jurisdiction case before the Patna High Court. The petitioner, through counsel, expressed a desire to discontinue the proceedings and requested the court's permission to withdraw the case. The issue before the court was whether it could grant such a request for withdrawal of a miscellaneous case. The court, after hearing the counsel, exercised its inherent jurisdiction to allow the withdrawal, noting that the petitioner was free to discontinue the suit. Consequently, the case was ordered to be withdrawn for non‑prosecution.
Issues considered
- Whether the court may permit the withdrawal of a miscellaneous jurisdiction case upon the petitioner's request
Subjects
- withdrawal of suit
- miscellaneous jurisdiction
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1973 of 2022
In
Civil Writ Jurisdiction Case No.10540 of 2021
======================================================
M/s SS (JV) A joint venture having its registered office at 34/A, Metacalfe
Street fourth floor, suit number 4F/1, Kolkata- 700013 its authorised
representative namely Amulya Kumar Das, son of Anirudh Chandra Das,
aged about 50 years, Resident of D/1, Sai Phoneix, Sri Sai City, Sai Baba
Mandir, New Pundag, Ranchi- 834004, Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Urban
Development and Housing Bihar cum Chairman, Bhagalpur Smart City Ltd.
Having its registered Office at Municipal Corporation Court Compound,
Bhagalpur, Bihar- 812001.
2. The Bhagalpur Smart City Ltd., A registered company having its registered
office Municipal Corporation Court Compound, Bhagalpur, Bihar- 812001
through its Managing Director.
3. The Chief Executive Officer, The Bhagalpur Smart City Ltd., a registered
company having its registered office Municipal Corporation Court
Compound, Bhagalpur, Bihar- 812001.
4. The Chief Finance Officer, The Bhagalpur Smart City Ltd., a registered
company having its registered office Municipal Corporation Court
Compound, Bhagalpur, Bihar- 812001.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the Opposite Party/s : Mr. Kinkar Kumar, SC-9
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
5 10-04-2026 It is submitted by the learned Advocate on behalf of
the petitioner that the petitioner does not want to proceed with
the instant miscellaneous case and want to withdraw the same.
2. Permission is accorded.
Patna High Court MJC No.1973 of 2022(5) dt.10-04-2026
2/2
3. Accordingly, the present miscellaneous case be
withdrawn for non-prosecution.
(Bibek Chaudhuri, J)
(Dr. Anshuman, J)
Jyoti Kumari/-
U
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