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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WITHDRAWN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 Consequently, the case was ordered to be withdrawn for non‑prosecution.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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