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High Court of Gujarat

SAI BANDHAN INFINIUM PVT. LTD. (PRESENTLY KNOWN AS- SAI INFINIUM LIMITED)versusSTATE OF GUJARAT

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The High Court allowed the petitioners to withdraw the petition and dismissed it as withdrawn.

Summary

The petitioners, Sai Bandhan Infinium Pvt. Ltd. (now Sai Infinium Ltd.) and another, filed a Special Civil Application seeking permission to withdraw their petition before the High Court of Gujarat. They stated that the agreement to sell, executed between them and the private respondent, had been cancelled, rendering the continuation of the suit unnecessary. The petition raised the procedural question of whether a court may allow a party to withdraw a pending civil petition. The learned counsel for the petitioners submitted a formal request for withdrawal, and the court examined the request in light of the parties' consent and the absence of any prejudice to the respondents. The court, finding no impediment, granted permission to withdraw the petition. Consequently, the petition was dismissed as withdrawn and the notice was discharged, with no order as to costs.

Issues considered

  • Whether the High Court may grant permission to withdraw a Special Civil Application on the ground that the underlying agreement has been cancelled

Subjects

  • withdrawal of petition
  • civil procedure
  • special civil application
  • agreement cancellation
  • high court order

Judgment

        C/SCA/2901/2025                                                             ORDER DATED: 09/07/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SPECIAL CIVIL APPLICATION NO.2901 of 2025

==========================================================
      SAI BANDHAN INFINIUM PVT. LTD. (PRESENTLY KNOWN AS- SAI
                      INFINIUM LIMITED) & ANR.
                               Versus
                     STATE OF GUJARAT & ORS.
==========================================================
Appearance :
MR. PARAM. S. DAVE for the Petitioners.
MS ROSHNI PATEL, AGP for the Respondent Nos.1,2,3,4
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                             Date : 09/07/2026
                                                  ORDER


                     Learned             advocate             Mr.        Param            S.      Dave,          under
instructions, seeks permission to withdraw this petition in view of
the fact that the agreement to sell executed between the
petitioners and the private respondent is cancelled. Permission as
prayed for is granted. The petition stands dismissed as withdrawn.
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 09/07/2026 15:07:52




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