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.