# In the matter of Darshan Gandhi, Ex Director Lok Housing and Construction Ltd Vs Union Of India

> HC judgment dated 2022-12-23. Citation: TCN-2022-HC-00002. The case involves a writ petition filed by Darshan Gandhi, Ex Director of Lok Housing and…

- **Court:** HC
- **Order date:** 23 Dec 2022
- **Citation:** TCN-2022-HC-00002
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/darshan-gandhi-ex-director-lok-housing-and-construction-ltd-vs-union-of-india-ddb17ae8

## Summary

### Background

The case involves a writ petition filed by Darshan Gandhi, Ex Director of Lok Housing and Constructions Ltd, concerning an expression of interest issued by the Resolution Professional/Respondent No.2 regarding land bearing CTS No.1 (part), CTS No.2, and CTS No.5 in Mumbai Suburban District. A status quo order dated 5th May 2015, passed by the Supreme Court in SLP(C) 9063-68/2012, titled Union of India v. Suresh J Thanawalla & Ors., is relevant to the matter. The Supreme Court had continued the status quo order till the disposal of the appeal by the High Court.

## Facts

Darshan Gandhi, Ex Director of Lok Housing and Constructions Ltd, filed a writ petition. The petition concerns an expression of interest dated 4th January 2021, issued by the Resolution Professional/Respondent No.2, regarding land bearing CTS No.1 (part), CTS No.2 (admeasuring about 125 acres), and CTS No.5 (admeasuring about 55 acres) situated in Turbhe and Mandale of Mumbai Suburban District. A status quo order dated 5th May 2015 was passed by the Supreme Court in SLP(C) 9063-68/2012 titled Union of India v. Suresh J Thanawalla & Ors. The Supreme Court continued the status quo till disposal of the appeal by the High Court vide order dated 6th February 2017. The appeal is stated to be pending before the High Court of Bombay. The petitioner sought to withdraw the

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## Issues and analysis

### Issue 1: Whether the Petitioner should be allowed to withdraw the present petition and approach the High …

**Ratio:** A party is generally allowed to withdraw a petition if it intends to pursue the matter in

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**Reasoning:** The court reasoned that since the Supreme Court had already passed a status quo order and

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**Interpretation:** This allows for judicial efficiency and avoids conflicting decisions by

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**Application:** The court applied this principle by allowing the petitioner to withdraw the

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## Parties

- **Judges:** PRATHIBA M.…
- **Appellants:** DARSHAN G…
- **Respondents:** Lok Housing and…; Union of…
- **Other parties:** Kohi…

## Timeline

- **2021-01-04 — Expression of Interest…**: The Resolution Professional/Respondent No.2 issued an expression of interest regarding…
- **2015-05-05 — Supreme Court Status…**: The Supreme Court passed a status quo order in SLP(C) 9063-68/2012, titled Union of India…

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