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High Court of Gujarat

UDAY NAWAL KISHOR SINGHversusICICI BANK LTD

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The court permitted the petitioner to withdraw the petition and granted liberty to approach the Debt Recovery Tribunal.

Summary

Uday Nawal Kishor Singh filed a Special Civil Application before the Gujarat High Court seeking permission to withdraw his petition and to approach the Debt Recovery Tribunal (DRT) for the same cause. The respondents were ICICI Bank Ltd. and another party. The petitioner, represented by Ms. Zainab Sikander Saiyad (and Mr. EE Saiyed), requested the court’s leave to withdraw the petition. The court considered the request and, without examining the merits or the maintainability of the underlying dispute, allowed the withdrawal and granted the liberty to approach the DRT. All contentions of the parties were expressly left open for future determination. Consequently, the petition was disposed of as withdrawn.

Issues considered

  • Whether the petitioner is entitled to withdraw the petition and obtain liberty to approach the Debt Recovery Tribunal for the same cause?

Subjects

  • withdrawal of petition
  • debt recovery tribunal
  • civil procedure
  • maintainability
  • permission to withdraw
  • special civil application
  • Gujarat High Court

Judgment

           C/SCA/8507/2026                                                      ORDER DATED: 09/07/2026




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SPECIAL CIVIL APPLICATION NO. 8507 of 2026

  ==========================================================
                                    UDAY NAWAL KISHOR SINGH
                                              Versus
                                      ICICI BANK LTD & ANR.
  ==========================================================
  Appearance:
  MR EE SAIYED(725) for the Petitioner(s) No. 1
  MS. ZAINAB SIKANDER SAIYED(18345) for the Petitioner(s) No. 1
  ==========================================================

     CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                              Date : 09/07/2026
                                               ORAL ORDER


            Heard learned advocate Ms.Zainab Sikander Saiyad

  appearing on behalf of the petitioner who seeks permission to

  withdraw the petition with a liberty to approach the learned

  Debt Recovery Tribunal for the selfsame cause.


            Considering the request, the present petition stands

  disposed of as withdrawn with the liberty as sought for. It is

  clarified that this Court has not gone into the merits of the

  matter and whereas, all the contentions of all parties

  including the contention with regard to maintainability are

  kept open.


                                                                                   (NIKHIL S. KARIEL,J)
  Bhoomi

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: BHOOMI YOGESHBHAI MISTRY(HC01557), PRIVATE SECRETARY, at High Court of Gujarat on 09/07/2026 14:17:20




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