2022 (1) TMI 1360 - HC - Indian Laws

Seeking permission for withdrawal of petition - resolution plan approved - HELD THAT - Ms. Khair on instructions from Col. Sanjeev Dhawan reiterates the contents of the application and prayer made therein. She states that without prejudice all the petitioners, i.e., petitioner Nos.1 to 63 seeks to withdraw the writ petition. Without prejudice, the writ petition is dismissed as withdrawn.

Summary

Issues:
1. Withdrawal of the writ petition based on the approval of the Resolution Plan by the Adjudicating Authority.

Analysis:
The judgment pertains to an application filed by Col. Sanjeev Dhawan, petitioner No.1, seeking withdrawal of the writ petition following the approval of the Resolution Plan by the Adjudicating Authority. The application was accompanied by an affidavit by Col. Sanjeev Dhawan. The application highlighted that all the petitioners, numbering from 1 to 63, sought to withdraw the writ petition. Despite service, respondent Nos.5 to 7 and 9 to 13 did not appear in the proceedings. Similarly, respondent Nos.29 and 30 also did not participate in the proceedings after some hearings. Ms. Zeba Khair, representing Col. Sanjeev Dhawan, reiterated the contents of the application and the prayer for withdrawal. The court, without prejudice, allowed the withdrawal of the writ petition, leading to its dismissal. Consequently, the connected applications were deemed infructuous, and the previous order dated February 07, 2020, was vacated.

This judgment showcases the legal process involved in seeking the withdrawal of a writ petition following the approval of a Resolution Plan by the Adjudicating Authority. The court considered the application filed by Col. Sanjeev Dhawan, petitioner No.1, and noted the absence of certain respondents during the proceedings. Ms. Zeba Khair, representing the petitioner, reiterated the request for withdrawal on behalf of all petitioners from 1 to 63. The court, after due consideration, allowed the withdrawal of the writ petition without prejudice. As a result, the writ petition was dismissed, and the connected applications were rendered infructuous. Additionally, the court vacated the previous order dated February 07, 2020, in light of the withdrawal of the petition. This judgment highlights the importance of procedural compliance and judicial review in matters concerning the withdrawal of legal petitions post the approval of relevant resolutions or plans by the competent authorities.