AVENUE SUPERMARTS PVT. LTD. vs NISCHINT BHALLA .

The Supreme Court upheld the Bombay High Court's decision to allow 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 and may seek appropriate relief in changed circumstances. Consequently, the order of the learned single Judge dated 10.02.2009 was deemed non-existent due to the withdrawal, leading to the dismissal of the appeal.