High Court of Gujarat

THAKKAR VASUDEV KANAIYALALversusVODAFONE IDEA LIMITED (AMENDED AS PER ORDER DATED 06/08/2026 IN CA.01/2026)

Decided: 6 August 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The Court permitted the withdrawal of the petition and allowed the substitution of the applicant as the original respondent, without adjudicating the merits.

Summary

Thakkar Vasudev Kanaiyalal filed a special civil petition against Kumar Mangalal M. Birla and others, seeking redress of a grievance. The petitioner later sought permission to withdraw the petition and instead approach the Telecom Regulatory Authority of India (TRAI). Simultaneously, a civil application was filed to substitute the applicant as the original respondent in place of the Chairman of the applicant company. The Court, after hearing the parties, allowed the substitution application and granted permission to withdraw the petition, ordering the case to be disposed as withdrawn without examining its merits. The Court also directed that any subsequent application to TRAI be considered within three months of filing.

Issues considered

Whether the Court may permit the petitioner to withdraw the special civil petition.
Whether a civil application for substitution of the original respondent can be allowed.
Procedural propriety of directing the petitioner to approach TRAI for redress.

Subjects

withdrawal of petition
substitution of party
civil application
TRAI
procedural law
special civil petition

Judgment

     C/SCA/10731/2023                                     ORDER DATED: 06/08/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO.10731 of 2023
                          With
   CIVIL APPLICATION (FOR JOINING PARTY) NO.1 of 2026
                           In
      R/SPECIAL CIVIL APPLICATION NO.10731 of 2023
=========================================
                         THAKKAR VASUDEV KANAIYALAL
                                    Versus
                        KUMAR MANGALALM BIRLA & ORS.
=========================================
Appearance :

Special Civil Application No.10731 of 2023
PARTY IN PERSON for the Petitioner.
MR HARSHEEL D SHUKLA for the Respondent No.3.
MR MIHIR JOSHI, SENIOR ADVOCATE ASSISTED BY MR SHAMIK BHATT for
SINGHI & CO. for the Respondent No.1.
NOTICE THROUGH SPEED POST UNSERVED for the Respondent No.2.

Civil Application No.1 of 2026
MR MIHIR JOSHI, SENIOR ADVOCATE ASSISTED BY MR SHAMIK BHATT for
SINGHI & CO. for the Applicant.
PARTY IN PERSON for the Respondent No.1.
MR HARSHEEL D SHUKLA for the Respondent No.4.
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                              Date : 06/08/2026
                                   ORDER


               ORDER IN CIVIL APPLICATION NO.1 OF 2026
               Heard learned Senior Advocate Mr. Mihir Joshi assisted
by   learned      advocate    Mr.   Shamik        Bhatt    for    the    applicant,
respondent No.1 appearing as party-in-person and Mr. Harsheel D.
Shukla, learned Central Government Standing Counsel appearing
for the respondent No.4.


2.             By way of this civil application, the applicant has
prayed for substitution of the applicant as original respondent No.1



                                    Page 1 of 2
        C/SCA/10731/2023                                                              ORDER DATED: 06/08/2026




in place of Chairman of the applicant Company in the main matter.


3.                    Considering the submission made by learned advocates
appearing for the respective parties, the present civil application is
allowed in terms of prayer made. Necessary amendment be carried
out forthwith.


ORDER IN SPECIAL CIVIL APPLICATION NO.10731 OF 2023


                      After arguing the matter for sometime, petitioner
appearing as Party-in-person seeks permission to withdraw this
petition with a view to approach Telecom Regulatory Authority of
India (TRAI) by making an appropriate application for redressal of
his grievance. Permission as prayed for is granted. The present
petition stands disposed of as withdrawn. If any such application is
made, TRAI may consider the same in accordance with law, as
early as possible, preferably within a period of three months from
the date of such application. It is made clear that this Court has
not examined the merits of the case.                                       Notice is discharged.                       No
order as to costs.


                                                                                   (NIRZAR S. DESAI,J)




SAVARIYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/08/2026 17:19:08




                                                        Page 2 of 2

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Mihir Joshi