2022 (12) TMI 1450 - HC - Indian Laws

Seeking permission to withdraw present application - Requirement to furnish security by way of bank guarantee - HELD THAT - The applicant stated on instructions of the petitioner that the petitioner has been giving up cause and wants to withdraw the present Misc. Civil Application. The Misc. Civil Application was not pressed and was permitted to be withdrawn - Civil Misc. Application stands dismissed as withdrawn.

Summary

Issues:
1. Modification of final order requiring the petitioner to furnish a bank guarantee.
2. Stay of the modification directed in the order.
3. Dismissal of the Civil Misc. Application as withdrawn.

Analysis:
1. The applicant in the Misc. Civil Application sought to modify the final order dated 4.2.2022, which required them to furnish a bank guarantee of Rs. 12,89,19,458. The applicant requested the court to modify the order due to subsequent developments and peculiar circumstances. The proceedings involved the applicant and the respondent, with respective legal representatives appearing before the court. The order in question was related to a Special Civil Application from the previous year, and the applicant filed this Misc. Civil Application seeking a modification of the security requirement.

2. The court proceedings included a request for a stay on the modification directed in the order. The applicant sought a stay for six weeks to challenge the modification before a higher court. The respondent's advocate opposed this request. The court considered the facts and nature of the request before deciding to stay the order modifying the impugned order of the Commercial Court until a specified date. The Supreme Court had previously dismissed a Special Leave to Appeal filed by the applicant against the order, leading to the subsequent developments in the present Misc. Civil Application.

3. Subsequently, the applicant decided to give up their cause and requested to withdraw the Misc. Civil Application. The learned senior advocate for the applicant informed the court about the petitioner's decision to withdraw the application. Consequently, the Misc. Civil Application was not pressed and was permitted to be withdrawn by the court. As the petitioner sought to withdraw the application, permission was granted, and the Civil Misc. Application was dismissed as withdrawn, bringing the legal proceedings to a conclusion.