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Allahabad High Court

VIVABO PRODUCT PRIVATE LIMITEDversusUNION OF INDIA AND 2 OTHERS

Decided

Holding

The court allowed the withdrawal of the writ petition and granted liberty to file a fresh petition.

Summary

Vivabo Product Private Limited filed a writ petition before the Allahabad High Court. The petitioner, through counsel Upasna Agrawal, sought permission to withdraw the petition on the ground of inherent defects in the pleadings and requested liberty to file a fresh petition. The court issued notice to the revenue counsel, Dhananjay Awasthi, and received no objection to the withdrawal. Accordingly, the judges allowed the withdrawal application. The writ petition was dismissed as withdrawn, with liberty granted to the petitioner to file a fresh petition.

Issues considered

  • Whether a writ petition may be withdrawn with liberty to file a fresh petition on account of inherent defects in the pleadings.

Subjects

  • withdrawal of petition
  • writ petition
  • inherent defects
  • civil procedure
  • Allahabad High Court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT TAX No. - 1562 of 2026

                                    Vivabo Product Private Limited
                                                                                              .....Petitioner(s)
                                                                     Versus

                                    Union Of India And 2 Others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)     : Upasna Agrawal, Varun Srivastava
                                    Counsel for Respondent(s)     : A.S.G.I.,    Dhananjay      Awasthi,
                                                                    Sudarshan Singh

                                    Court No. - 3
                                                    HON'BLE SAUMITRA DAYAL SINGH, J.
                                                    HON'BLE SWARUPAMA CHATURVEDI, J.

                                    Ref.: Civil Misc. Withdrawal Application No.3 of 2026

                                    1. Ms. Upasna Agrawal, learned counsel for the petitioner prayed that she
                                    may be permitted to withdraw this petition with liberty to file fresh
                                    petition for reason of inherent defects in the pleadings.

                                    2. Notice has been served upon Sri Dhananjay Awasthi, learned counsel
                                    for the revenue. In absence of any objection, the prayer made is allowed.

                                    3. In view of the above, the instant withdrawal application stands
                                    allowed.

                                    Ref.: Petition

                                    4. Accordingly, the writ petition is dismissed as withdrawn with the
                                    liberty as prayed for.



                                                      (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    March 25, 2026
                                    Anurag/-




Digitally signed by :-
ANURAG JAISWAL
High Court of Judicature at Allahabad


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