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High Court of Gujarat

PATEL SAKARIBEN SOMABHAIversusTHE PANCHVATI CO OPERATIVE CREDIT SOCIETY LIMITED

Decided
Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The Court may, at its discretion, allow a petitioner to withdraw a petition without examining its merits.

Summary

Petitioner Patel Sakariben Somabhai filed a Special Civil Application seeking the Court's permission to withdraw the petition in order to pursue an alternative remedy. The petitioner, through counsel, requested that the Court allow the withdrawal. The Court exercised its inherent jurisdiction to permit withdrawal, noting that no prejudice would arise and that the merits of the case would not be examined. Accordingly, the Court granted the prayer and ordered the petition to stand disposed as withdrawn. The order expressly states that the Court did not consider the substantive issues of the dispute.

Issues considered

  • Whether the Court may permit a petitioner to withdraw a Special Civil Application at the petitioner's request

Subjects

  • withdrawal of petition
  • special civil application
  • court discretion
  • procedural law

Judgment

        C/SCA/9970/2026                                                                  ORDER DATED: 23/07/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SPECIAL CIVIL APPLICATION NO. 9970 of 2026

==========================================================
                      PATEL SAKARIBEN SOMABHAI
                                Versus
           THE PANCHVATI CO OPERATIVE CREDIT SOCIETY LIMITED
==========================================================
Appearance:
MR DAXESH D BAROT(13149) for the Petitioner(s) No. 1
==========================================================

   CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                  Date : 23/07/2026

                                                          ORDER


           Learned advocate appearing for the petitioner, upon
instructions, seeks permission to withdraw the present petition
with a view to avail appropriate remedy available to the
petitioner.              Permission as prayed for is granted.                                              The present
petition stands disposed of as withdrawn. It is made clear that
this Court has not examined 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 23/07/2026 17:04:03




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