LILAVATI FOUNDATION THROUGH AUTHORISED SIGNATORY VAIBHAV DHARIWALversusTHE RECOVERY OFFICER
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
Holding
The Court granted permission to withdraw the restoration applications, holding that such withdrawal does not impede the applicant's future litigation rights.
Summary
The Lilavati Foundation, represented by its authorized signatory Vaibhav Dhariwal, filed multiple restoration applications before the Gujarat High Court. The foundation sought the Court's permission to withdraw these applications while retaining the liberty to initiate appropriate proceedings in the future. The respondents, the Recovery Officer and others, opposed the withdrawal. The Court, after hearing counsel, granted the requested permission, holding that withdrawal would not prejudice the foundation's future litigation rights. Consequently, the restoration applications were dismissed as withdrawn and the civil applications were consigned to the record.
Issues considered
- Whether the Court may grant permission to withdraw pending restoration applications without affecting the applicant's right to institute future proceedings.
Subjects
Judgment
C/MCA/1238/2026 ORDER DATED: 08/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1238 of 2026
In
R/SPECIAL CIVIL APPLICATION/6357/2026
With
R/MISC. CIVIL APPLICATION NO. 1239 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 6355 of 2026
With
R/MISC. CIVIL APPLICATION NO. 1240 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 6356 of 2026
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 6355 of 2026
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 6355 of 2026
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 6356 of 2026
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2026
In R/SPECIAL CIVIL APPLICATION NO. 6356 of 2026
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 6357 of 2026
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 6357 of 2026
==========================================================
LILAVATI FOUNDATION THROUGH AUTHORISED SIGNATORY VAIBHAV
DHARIWAL
Versus
THE RECOVERY OFFICER & ORS.
==========================================================
Appearance:
MR SAURABH SOPARKAR, SENIOR ADVOCATE with
MR IH SYED, SENIOR ADVOCATE, along with MR ARJUN R SHETH(7589)
PRITHA MITRA, MANISH BHATIA, RISHABH A SHAH for the Applicant
ADITI S RAOL(8128) for the Opponent(s) No. 5
MR MIHIR THAKORE, MR DEVANG NANAVATI, SENIOR ADVOCATES
with MR BHAVESH CHOKSI & ADITYA CHOKSI for the Opponent(s) No.2
Page 1 of 2
C/MCA/1238/2026 ORDER DATED: 08/05/2026
MR PRADIP D BHATE for the Opponent No.4
==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 08/05/2026
COMMON ORAL ORDER
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
Learned counsel for the applicant seeks permission to
withdraw the restoration applications, with a liberty to file
appropriate proceedings in accordance with law.
Permission, as sought for, is granted.
The restoration applications stand DISMISSED as
WITHDRAWN with the aforesaid liberty.
Needless to state that withdrawal of the applications
would not come in the way of the applicants in any future
litigation.
The Civil Applications shall stand CONSIGNED to
record.
Sd/-
(N.S.SANJAY GOWDA,J)
Sd/-
(J. L. ODEDRA, J)
OMKAR
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/05/2026 18:13:01
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.