2019 (4) TMI 2066 - HC - Indian Laws

Permission for withdrawal of present petition - HELD THAT - In view of the fact that the Supreme Court is seized of the issue raised by the petitioner in the present petition, judicial propriety demands that we refrain from hearing arguments on the said issue and await a decision by the Supreme Court. Having regard to the fact that the Supreme Court has yet to decide the pending SLP (Crl.) 9360/2018, he has instructions to withdraw the present petition while reserving the right of his client to approach the competent court vested with jurisdiction, for the remaining relief, as may be permissible in law. Leave, as prayed for, is granted. The petition is disposed of.

Summary

Issues involved:
1. Petitioner seeks to withdraw the petition based on a recent Supreme Court judgment.
2. Judicial propriety requires refraining from hearing arguments on certain issues pending before the Supreme Court.
3. Petitioner reserves the right to approach the competent court for remaining relief.

Analysis:

1. The petitioner requested to withdraw the petition citing a recent judgment by the Supreme Court dated 27.03.2019 in a specific case. The petitioner's counsel mentioned not pressing prayer (a) in light of this judgment. The court granted leave for withdrawal, disposing of the petition along with the pending application.

2. The court had previously indicated that, due to the Supreme Court's involvement in a related issue raised by the petitioner in the present petition, it would be appropriate to refrain from hearing arguments on the subject matter of prayers (b) and (c). The issue in question was also the subject of a case titled "The Directorate of Enforcement vs. Karti P. Chidambaram" pending before the Supreme Court. Therefore, the court emphasized judicial propriety in awaiting a decision by the Supreme Court on the matter.

3. The petitioner's counsel acknowledged the judgment of the Supreme Court in the mentioned appeal and the pending status of the case SLP (Crl.) 9360/2018. Considering these factors, the petitioner decided to withdraw the present petition while reserving the right to seek remaining relief from the appropriate court with jurisdiction. The court granted leave as requested, allowing the petitioner to pursue further legal action as necessary within the bounds of the law.