# In the matter of Harishkumar Bhagwandas Jariwala Vs. George Samuel R/SPECIAL CIVIL APPLICATION NO. 16707 of 2021 With R/SPECIAL CIVIL APPLICATION NO. 16755 of 2021

> HC judgment dated 2021-11-16. Citation: TCN-2021-HC-00009. The case involves two special civil applications (No. 16707 and 16755 of 2021) filed in the High…

- **Court:** HC
- **Order date:** 16 Nov 2021
- **Citation:** TCN-2021-HC-00009
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/harishkumar-bhagwandas-jariwala-vs-george-samuel-rspecial-civil-application-no-1-2c3a10f2

## Summary

### Background

The case involves two special civil applications (No. 16707 and 16755 of 2021) filed in the High Court of Gujarat at Ahmedabad. The petitioners sought withdrawal of their writ petitions challenging an order dated 01.03.2021 passed by the National Company Law Tribunal (NCLT). The petitioners had previously approached the High Court, which protected them until 26.10.2021, when the court disposed of the writ petition, granting them liberty to approach the Tribunal for a stay of the 01.03.2021 order. The petitioners then filed the present writ petitions instead of appealing to the National Company Law Appellate Tribunal (NCLAT). The respondents objected to the withdrawal, arguing that the petitioners were abusing the process of the court and engaging in forum shopping.

## Facts

The petitioners initially challenged an order dated 01.03.2021 passed by the National Company Law Tribunal (NCLT) in a writ petition before the High Court of Gujarat. The High Court provided protection until 26.10.2021, when it disposed of the petition, allowing the petitioners to seek a stay from the NCLT. Instead of appealing to the National Company Law Appellate Tribunal (NCLAT), the petitioners filed new writ petitions challenging the same 01.03.2021 order. The respondents objected to the withdrawal of the petitions, arguing that the petitioners were abusing the process of the court and engaging in forum shopping. The Appellate Tribunal had reopened on 08.11.2021, before the petitioners filed the present writ petitions. The petitioners had also made a declaration

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## Issues and analysis

### Issue 1: Whether the petitioners should be …

**Ratio:** A court may allow withdrawal of a petition but can impose conditions, such as costs,

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**Reasoning:** The court considered the history of the case, the petitioners' actions, and the

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**Interpretation:** The right to withdraw a petition is not absolute and can be restricted when the

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**Application:** The court allowed the withdrawal but imposed a cost of Rs. 1 lakh to be paid by

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## Parties

- **Judges:** SANGEETA K.…
- **Appellants:** HARISHKUMAR…
- **Respondents:** George S…

## Timeline

- **2021-03-01 — NCLT Ord…**: The National Company Law Tribunal (NCLT) passed an order which was challenged by the…
- **2021-10-26 — High Court…**: The High Court disposed of the petitioners' initial writ petition, granting them liberty…

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