Bombay High Court

HLV LIMITED (FORMERLY KNOWN HOTEL LEELAVENTURE LTD)versusAIRPORTS AUTHORITY OF INDIA THR. ITS CHAIRMAN

Decided: 13 January 2026
Disposal: Disposed Off
Bench: KAMAL KHATA

Holding

The appeal is dismissed as withdrawn.

Summary

HLV Limited appealed an order of the Airports Authority of India before the Bombay High Court. While the appeal was pending, the appellant sought leave to withdraw the appeal. The Court allowed the withdrawal and dismissed the appeal as withdrawn, without awarding costs. All pending interim applications were also dismissed. The Court noted that any question of limitation, if it exists, remains open for future determination.

Issues considered

Whether an appellant may withdraw an appeal pending before the High Court
Effect of withdrawal on costs and pending interim applications
Whether the limitation period for the original cause of action remains an open issue

Subjects

appeal withdrawal
limitation
civil procedure
High Court
costs

Judgment

                                                            28-asao-785-2023.doc


Priyanka

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                APPEAL FROM ORDER NO.785 OF 2023

HLV Limited (formerly known
Hotel Leelaventure Ltd.)                               ... Appellant
      V/s.
Airports Authority of India
Thr. Its Chairman                                      ... Respondent

                              WITH
               INTERIM APPLICATION NO.15611 OF 2023
                               IN
                 APPEAL FROM ORDER NO.785 OF 2023

                                  _______________________

Mr.Janak Dwarkadas, Senior Advocate, Mr. Sharan Jagtiani,
Senior Advocate a/w Mr. Ankoosh Mehta, Sarah N., Ms. Drishti
Mehta i/by Cyril Amarchand Mangaldas a/w Mr. Satyajit
Swadi(Authorised Representative) for the Appellant.
Mr. Ajay G. Khaire, Airport Authority of India for the Respondent.
                            _______________________

                                    CORAM : KAMAL KHATA, J.

                                    DATED : 13TH JANUARY 2026.

P.C. :

1.       Mentioned out of turn.

2.       The Appellant on instructions seeks leave to withdraw the

Appeal.

3.       The Appeal is accordingly dismissed as withdrawn. No order

as to costs.

4.       Any pending Interim Applications also stands dismissed.

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                                                             28-asao-785-2023.doc


5.   It is clarified that the issue of limitation, if any, is kept open.



                                                 (KAMAL KHATA, J.)




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