SUART MUNICIPAL CORPORATIONversusTHE NEW INDIA ASSURANCE COMPANY LTD.
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
Holding
The Court granted permission to withdraw the application and allowed the applicant liberty to file a fresh application.
Summary
The Suart Municipal Corporation filed a civil application for condonation of delay against New India Assurance Company Ltd. and others. The applicant, through counsel Ms Jirga Jhaveri, sought permission to withdraw the pending application and requested liberty to file a fresh application before an appropriate bench. The Court examined whether such withdrawal with liberty to re‑file is permissible under procedural law. The Bench held that the request was permissible and granted the relief sought. Consequently, the original application was disposed of as withdrawn, with liberty to file a fresh application.
Issues considered
- Whether the Court may permit withdrawal of a pending application for condonation of delay with liberty to file a fresh application before an appropriate bench.
Subjects
Judgment
C/CA/2025/2026 ORDER DATED: 16/06/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2025 of
2026
In F/FIRST APPEAL/1925/2026
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SUART MUNICIPAL CORPORATION
Versus
THE NEW INDIA ASSURANCE COMPANY LTD. & ORS.
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Appearance:
MS JIRGA D JHAVERI(3471) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
and
HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 16/06/2026
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)
Ms. Jirga Jhaveri, learned advocate for the applicant
seeks permission to withdraw the present application with
a liberty to file fresh application before appropriate Bench.
Permission, as sought for, is granted. The present
application stands disposed of as withdrawn with the
aforesaid liberty.
(ILESH J. VORA,J)
(R. T. VACHHANI, J)
TAUSIF SAIYED
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 17/06/2026 11:16:45
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