Created by Fuzzy Cloud

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Disposed off as Withdrawn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 Consequently, the miscellaneous civil application was disposed of as withdrawn.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


                                                         1/1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.