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Bombay High Court

M/S. BAADER SCHULZ LABORATORIES THR. N SHAHversusFDC INTERNATIONAL NV/SA

Decided
Disposal
Disposed Off

Holding

The Court granted leave to withdraw the writ petition and dismissed it as withdrawn.

Summary

M/s Baader Schulz Laboratories, a partnership firm, filed Writ Petition No. 5308 of 2026 against FDC International NV/SA. The petitioner, through Senior Advocate Nitin Thakkar, sought leave to withdraw the petition and retain the liberty to raise the same grounds in a future proceeding. The Court considered the request and granted leave to withdraw the petition with liberty to re‑file. Consequently, the writ petition was dismissed as withdrawn. No substantive merits of the dispute were addressed.

Issues considered

  • Whether the petitioner is entitled to be permitted to withdraw the writ petition and preserve the right to raise the same grounds in a fresh proceeding

Subjects

  • withdrawal of writ petition
  • civil appellate jurisdiction
  • procedural law
  • leave to withdraw

Judgment

                                                                                      904-WP-5308-2026.DOC




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO. 5308 OF 2026


                              M/s Baader Schulz Laboratories A Partnership                  ..Petitioner
                              firm, through its Partner, Nailesh Shah
                                     Versus
                              FDC International NV/SA                                    …Respondent

                              Mr. Nitin Thakkar, Senior Advocate, with Bharat L Gandhi and
                                    Darshana Khatri, i/b Swapnil Newaskar, for the Petitioner.
                              Adv Heena Shaikh, i/b M.V. Kini & Co, for the Respondent.

                                                            CORAM:         N. J. JAMADAR, J.
                                                            DATE :         22nd JULY 2026


                              P.C.:

                              1.      Heard the learned Counsel for the parties.

                              2.      Mr. Nitin Thakkar, the learned Senior Advocate for the Petitioner,

                              on instruction seeks leave to withdraw the Petition with liberty to raise

                              the grounds raised in this Petition in the proceeding which the

                              Petitioner may file after seeking permission from the Court to convert
           Digitally signed
           by ARUN
           RAMCHANDRA
ARUN       SANKPAL
RAMCHANDRA
SANKPAL    Date:
           2026.07.23
           10:44:11
           +0530
                              Writ Petition No. 5308 of 2026.

                                      Leave granted with liberty as prayed for.

                              3.      The Writ Petition stands dismissed as withdrawn.



                                                                             [N. J. JAMADAR, J.]

                              ARS                                    1/1


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