# In the matter of Sharad Vadehra &  Anr. Vs. Jitesh Gupta (Resolution Professional) & Ors. Writ Petition (Civil) No.404-2021

> SC judgment dated 2021-04-12. Citation: TCN-2021-SC-00053. The case is a Writ Petition (Civil) No.404/2021 before the Supreme Court of India. The petitioners…

- **Court:** SC
- **Order date:** 12 Apr 2021
- **Citation:** TCN-2021-SC-00053
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/sharad-vadehra-anr-vs-jitesh-gupta-7c0f75e9

## Summary

### Background

The case is a Writ Petition (Civil) No.404/2021 before the Supreme Court of India. The petitioners sought to withdraw the petition to pursue remedies available under the Insolvency and Bankruptcy Code 2016.

## Facts

The petitioners, Sharad Vadehra & Anr., filed a Writ Petition (Civil) No.404/2021 before the Supreme Court of India. The petitioners, through their counsel Mr. S.B. Upadhyay, sought permission from the Court to withdraw the petition. The reason for seeking withdrawal was to enable the petitioners to pursue remedies available under the Insolvency and Bankruptcy Code 2016. The petition was originally instituted under Article 32 of the Constitution. The Court granted the request, and the Writ Petition was dismissed as withdrawn, without prejudice to other available remedies.

## Issues and analysis

### Issue 1: Whether the petitioners should be granted the liberty to withdraw the writ petition to pursue …

**Ratio:** A party has the right to withdraw a petition if they believe it is in their best

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**Reasoning:** The Court reasoned that allowing the withdrawal would enable the petitioners to pursue

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**Interpretation:** This interpretation allows parties flexibility in choosing the most appropriate

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Dr Dhananjaya Y…; M.R.…
- **Appellants:** Sharad Va…
- **Respondents:** Jitesh…

## Timeline

- **2021-04-12 — Hearing…**: The petition was called…
- **2021-04-12 — Petition Wit…**: Petitioners sought to withdraw the petition to pursue remedies under the Insolvency and…

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