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october 2015

Supreme Court of India · 2015-10-08

Avenue Supermarts Pvt. Ltd vs Nischint Bhalla & Ors

Citation / case number
AIRONLINE 2015 SC 363
Court
Supreme Court of India
Petitioner
Avenue Supermarts Pvt. Ltd
Respondent
Nischint Bhalla & Ors
Author
R.K. Agrawal
Bench
R.K. Agrawal, Ranjan Gogoi

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision allowing the withdrawal of Notice of Motion No. 21 of 2006 by Defendant Nos. 4A, 4B, and 5 in Suit No. 3706 of 1995, stating that the withdrawal rendered the appeal infructuous. The Court emphasized that parties cannot be prevented from withdrawing motions when seeking appropriate relief in changed circumstances. The ruling clarified that the earlier orders of the learned single Judge ceased to have effect following the withdrawal, reinforcing the principle of party autonomy in civil proceedings.

Avenue Supermarts Pvt. Ltd vs Nischint Bhalla & Ors · Niyam