Bombay High Court
Amlin Underwriting LimitedversusNew India Assurance Co Ltd
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court granted leave to withdraw the miscellaneous civil application, disposing of it with liberty to file an appropriate application in the pending suit.
Summary
The applicant, Amlin Underwriting Limited, filed a miscellaneous civil application before the Bombay High Court and subsequently sought leave to withdraw the same, requesting liberty to file an appropriate application in the pending suit before the trial court. The respondent, New India Assurance Co. Ltd., opposed the withdrawal. The Court exercised its discretion under civil procedure law and granted the applicant leave to withdraw the application, allowing the applicant to pursue the matter in the trial court. Consequently, the miscellaneous civil application was disposed of as withdrawn. No substantive merits of the underlying dispute were addressed.
Issues considered
- Whether the Court may grant leave to withdraw a miscellaneous civil application with liberty to file a suitable application in the trial court
Subjects
- withdrawal of application
- civil procedure
- discretion of court
- miscellaneous civil application
- high court order
Judgment
6-MCA-464-2025.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS CIVIL APPLICATION NO. 464 OF 2025
Amlin Underwriting Limited … Applicant
Vs.
New India Assurance Co. Ltd. … Respondent
Mr. Rahul Narichania a/w. Mr. Siddhanth Chabria, Mr.
Jeyhaaan Carnac i/b. Mulla and Mulla, Cragie, Blunt and Caroe
for the for the Applicant.
Mr. Vineet Sawant i/b. M/s. Tulsi & Co. for Respondent Nos. 1
and 2.
Mr. Sameer Bindra a/w. Mr. P. V. Narendra i/b. M/s. Khaitan &
Co. for Respondent Nos. 4 to 6.
Ms. Nafisa Khandeparkar a/w. Ms. Harsha Uppal and
Mr.Mayank Jain i/b. AZB and Partners for Respondent No. 3.
CORAM : GAURI GODSE, J.
DATE : 9th SEPTEMBER 2026
ORDER :
1. Learned counsel for the applicant seeks leave to
withdraw this application with liberty to file appropriate
application in the pending suit in the trial court. Leave granted.
2. The miscellaneous civil application is disposed of as
withdrawn with liberty as recorded above.
Digitally signed
by
RAJESHWARI RAJESHWARI
RAMESH
RAMESH PILLAI
PILLAI Date:
2026.09.10 [GAURI GODSE, J.]
14:25:00 +0530
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