# In the matter of P. Thamizh Vs. Union of India & Ors. Writ Petition(s) (Civil) No(s). 432-2019

> SC judgment dated 2019-04-12. Citation: TCN-2019-SC-00080. The case involves a writ petition (Civil) No. 432/2019 filed by P. ThamiΖΗ against the Union of…

- **Court:** SC
- **Order date:** 12 Apr 2019
- **Citation:** TCN-2019-SC-00080
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/p-thamizh-vs-union-of-india-ors-writ-petition-d94571dd

## Summary

### Background

The case involves a writ petition (Civil) No. 432/2019 filed by P. ThamiΖΗ against the Union of India & Ors. along with a stay application (IA No.56323/2019). Another writ petition, W.P.(C) No. 437/2019, is also mentioned, involving an application for exemption from filing Official Translation (IA No.56758/2019-EX-PARTE STAY and IA No.56762/2019-EXEMPTION FROM FILING O.T.). The petitions were called for hearing on April 12, 2019.

## Facts

P. ThamiΖΗ filed a Writ Petition (Civil) No. 432/2019 against the Union of India & Ors., including a stay application. Another related Writ Petition (C) No. 437/2019 involved an application for exemption from filing Official Translation. The cases were heard on April 12, 2019. The petitioner's counsel requested permission to withdraw the Writ Petition. The court granted the permission, dismissed the Writ Petition, allowed the exemption application, and ordered a stay of further proceedings before the National Company Law Tribunal, New Delhi. The relevance of the facts is that the petitioner decided to withdraw the case, and the court addressed related procedural matters and ongoing proceedings in another forum.

## Issues and analysis

### Issue 1: Whether the petitioner should be granted …

**Ratio:** A petitioner has the right to withdraw a writ petition, subject to the court's discretion

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**Reasoning:** The court considered the request of the learned senior counsel appearing for the

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**Interpretation:** This reflects the principle that a party initiating legal action can choose to

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**Application:** The court applied this principle by granting permission to the petitioner to

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## Parties

- **Judges:** ROHINTON FALI…; Vineet…
- **Appellants:** P.THA…
- **Respondents:** Union of…
- **Advocates:** Nikhil N…; R. Venkata…; +10 more

## Timeline

- **2019-04-12 — Hearing…**: The petitions were…
- **2019-04-12 — Withdrawal Permission…**: Learned senior counsel appearing for the petitioner seeks permission to withdraw the Writ…

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