High Court of Gujarat

NILKANTHRAY ARVINDRAY VYASversusSTATE OF GUJARAT

Decided: 17 August 2026
Disposal: 36-MCA DISPOSED OF
Bench: NIRZAR S DESAI

Holding

The Court granted permission to withdraw the recall application without addressing the merits of the case.

Summary

The petitioners, who are stamp vendors, filed a special civil application seeking recall of a previous order. They approached the High Court of Gujarat requesting permission to withdraw that application and to be allowed to file a fresh one if needed. The respondents opposed the withdrawal. The Court, after noting that the petitioners had been provided a safe space to continue their functions, granted the petitioners' request to withdraw the recall application. It clarified that it had not examined the merits of the underlying dispute. Consequently, the application for recall was disposed of as withdrawn, and the petitioners were free to file a fresh application in the future.

Issues considered

Whether the High Court may grant permission to withdraw a pending application for recall and allow the filing of a fresh application.

Subjects

withdrawal of application
recall
civil procedure
high court order
stamp vendors
petition

Judgment

                C/MCA/2004/2026                                                                   ORDER DATED: 17/08/2026




                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 2004 of 2026

                                In R/SPECIAL CIVIL APPLICATION/10580/2026

       ==========================================================
                                    NILKANTHRAY ARVINDRAY VYAS & ORS.
                                                  Versus
                                         STATE OF GUJARAT & ORS.
       ==========================================================
       Appearance:
       MR HS MUNSHAW(495) for the Applicant(s) No. 1,10,11,12,2,3,4,5,6,7,8,9
       RUSHABH H MUNSHAW(8958) for the Applicant(s) No.
       1,10,11,12,2,3,4,5,6,7,8,9
       NIKUNJ KANARA AGP for the Opponent(s) No. 1,2,3
       ==========================================================

           CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                          Date : 17/08/2026

                                                                   ORDER


                   In view of the fact that the petitioners have been
       provided with a safe space to sit and carry out their functions
       as       stamp            vendors/petition                     writers,            learned            Advocate               Mr.
       Munshaw, under instructions, seeks permission to withdraw the
       present application for recall, with liberty to file a fresh
       application in case of any difficulty. Permission, as prayed for,
       is granted. The present application stands disposed of as
       withdrawn. It is clarified that this Court has not entered into
       the merits of the matter.



                                                                                                      (NIRZAR S. DESAI,J)
       BHAVIN MEHTA




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 17/08/2026 17:37:03


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Hs Munshaw