# In the matter of Jitendra Jain Vs. Arun Kumar Gupta and Anr. Writ Petition (L) No. 2852-2019

> HC judgment dated 2019-10-07. Citation: TCN-2019-HC-00010. This is a writ petition filed in the High Court of Judicature at Bombay. The petitioner sought…

- **Court:** HC
- **Order date:** 7 Oct 2019
- **Citation:** TCN-2019-HC-00010
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/jitendra-jain-vs-arun-kumar-gupta-and-anr-writ-petition-05ff02a0

## Summary

### Background

This is a writ petition filed in the High Court of Judicature at Bombay. The petitioner sought relief in writ jurisdiction, but when the court was not inclined to grant any relief, the petitioner sought leave to withdraw the writ petition.

## Facts

Jitendra Jain filed a writ petition before the High Court of Judicature at Bombay against Arun Kumar Gupta and another. When the court was not inclined to grant any relief in writ jurisdiction, the petitioner, on instructions, sought leave to withdraw the writ petition. The court granted leave, and the writ petition was disposed of as withdrawn.

## Issues and analysis

### Issue 1: Whether the court should grant leave to the …

**Ratio:** A court may grant leave to a petitioner to withdraw a writ petition, especially when the

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**Reasoning:** The court's reasoning is based on the petitioner's request to withdraw the petition when

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**Interpretation:** The interpretation is that a petitioner has the right to withdraw a petition,

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**Application:** In this case, the petitioner sought leave to withdraw the writ petition because

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## Parties

- **Judges:** S.C. DHARMA…; G.S.P…
- **Appellants:** Jitendra…
- **Respondents:** Arun Kumar Gupta…
- **Advocates:** Dhiraj M…; Smiti T…; +3 more

## Timeline

- **2019-10-07 — Order Da…**: The court granted leave to withdraw the writ…

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