Bombay High Court

BHAGIRATH FARM PVT. LTD. THR. AUTHORISED PERSON ABHISHEK NARENDRA THAKKARversusXLO INDIA PVT. LTD THR. ITS DIRECTOR SMT. ARTI SARAN

Decided: 1 September 2026
Disposal: Disposed Off

Holding

The court granted leave to withdraw the revision application, dismissing it as withdrawn.

Summary

The applicant, Bhagirath Farm Pvt. Ltd., filed a civil revision application before the Bombay High Court. The applicant later sought leave to withdraw the application, invoking Section 105 of the Civil Procedure Code, 1908, and requested liberty to raise the issues in the original petition if a decree were passed against it. The court considered whether it could grant such leave under the CPC. Finding no impediment, the court granted the leave to withdraw. Consequently, the revision application was dismissed as withdrawn, with the liberty sought by the applicant.

Issues considered

Whether the court may grant leave to withdraw a civil revision application under Section 105 of the Civil Procedure Code, 1908

Legislation cited

Code of Civil Procedure, 1908 — s. 105

Subjects

civil procedure
revision
withdrawal
Section 105
High Court

Judgment

                                                                            16 CRA-474-26.DOC

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                             CIVIL REVISION APPLICATION NO. 474 OF 2026

                   Bhagirath Farm Pvt. Ltd.                                  ..Applicant

                           Versus

                   XLO India Pvt. Ltd. & anr.                            …Respondents


                   Mr. Pradeep Thorat a/w Ms. Aditi Naikare, for the Applicant.

                   Mr. Aditya Bapat, i/b Mr. Nachiket Khaladkar, for Respondents

                                                CORAM :        N. J. JAMADAR, J.
                                                DATE     :     01st September 2026

SAINATH
SANJAY
                   P.C.:
BODKHE
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.09.03
10:40:14 +0530
                   1.      Heard the learned Counsel for the parties.

                   2.      Mr. Thorat, the learned Counsel for the applicant, on

                   instructions, seeks leave to withdraw the application with

                   liberty to raise the issues raised in the petition, in the event the

                   decree is passed against the petitioner, under Section 105 of the

                   Civil Procedure Code, 1908.

                   3.      Leave granted.

                   4.      The   Civil   Revision   Application    stands   dismissed     as

                   withdrawn, with liberty as prayed for.



                                                                [N. J. JAMADAR, J.]


                   SAINATH, PA                           1/1

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