High Court of Gujarat

SHAKTI ERECTORSversusSWARUPSINH ARJUNSINH PARMAR

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: HEMANT M PRACHCHHAK

Holding

The Court allowed the withdrawal of the petitions and granted liberty to file an appropriate application before the Labour Court.

Summary

Petitioner Shakti Erectors, through counsel Mr. Ammar Saiyed, applied to withdraw two special civil applications, alleging that it was not properly heard and that notice issued in the reference was not served, depriving it of an opportunity to file a written statement. The petitioner sought liberty to file an appropriate application before the Labour Court. The High Court examined the procedural grievance and, without delving into the merits of the underlying dispute, granted permission to withdraw the petitions. The Court ordered that both applications stand disposed of as withdrawn and permitted direct service of any future notice. It emphasized that the matter's substantive issues remain unadjudicated.

Issues considered

Whether the petitioner may withdraw the special civil applications on the ground of non-service of notice and lack of hearing
Whether the court should grant liberty to file a fresh application before the Labour Court

Subjects

withdrawal of petitionservice of noticelabour court jurisdictionprocedural fairnesscivil procedure

Judgment

        C/SCA/12531/2025                                                        ORDER DATED: 06/02/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 12531 of 2025

                                     With
                 R/SPECIAL CIVIL APPLICATION NO. 12554 of 2025
================================================================
                               SHAKTI ERECTORS
                                    Versus
                      SWARUPSINH ARJUNSINH PARMAR & ORS.
================================================================
Appearance:
A R KADRI(7330) for the Petitioner(s) No. 1
MR. AMMAR SAIYED(17184) for the Petitioner(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 3
MS LILU K BHAYA(1705) for the Respondent(s) No. 4
================================================================

  CORAM:HONOURABLE MR. JUSTICE HEMANT M.
        PRACHCHHAK

                                            Date : 06/02/2026

                                               ORAL ORDER


          Learned counsel Mr. Ammar Saiyed, appearing on behalf of the
petitioner, seeks permission to withdraw these petitions with a liberty
to le appropriate application before the concerned Labour Court, as
the petitioner was not properly heard and was not served with the
notice issued in the reference and therefore, he had no occasion to
  le written statement and object the reference.


          Permissions, as sought for, is granted. Both the petitions stand
disposed of as withdrawn with the aforesaid liberty.
          It is observe that this Court has not entered into the merits of
the matter.
          Direct service is permitted.

                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly


 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 06/02/2026 18:01:51

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