Brigade Enterprises Limited vs. Anil Kumar Virmani

Court:Supreme Court of India
Judge:Hon'ble Ajay Rastogi
Case Status:Disposed
Order Date:27 Mar 2023
CNR:SCIN010022332023

AI Summary

The Supreme Court has dismissed a miscellaneous application filed by Brigade Enterprises Limited, along with connected applications for an appeal against a Registrar's order and condonation of delay, as withdrawn. This order reflects a procedural resolution within a larger legal dispute, indicating the applicant's decision not to pursue the specific application further at this stage.

Ratio Decidendi:
Where an applicant, through their learned counsel and on instructions, seeks leave to withdraw a miscellaneous application, the Court may grant such leave and dismiss the application as withdrawn.

Case Identifiers

Primary Case No:MA 2233/2023
Case Type:Miscellaneous Application
Case Sub-Type:MA - Procedural/Appeal Against Registrar's Order
Secondary Case Numbers:D. No. 36339/2022, DY-36339-2022
Order Date:2023-03-27
Filing Year:2023
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble Ajay Rastogi, Hon'ble Bela M. Trivedi

Petitioner's Counsel

Aditya Parolia
Advocate - Appeared
Piyush Singh
Advocate - Appeared
Akshay Srivastava
Advocate - Appeared
Rajesh Kumar
Advocate - Appeared
Gaurav Goel
Advocate - Appeared
Sarvesh Singh Baghel
Advocate - Appeared
Ayshwarya Chandar
Advocate - Appeared

Respondent's Counsel

Krishna Kumar Singh
Advocate - Appeared
Govind Jee
Advocate - Appeared
Omanakuttan K. K.
Advocate - Appeared

Advocates on Record

Gaurav Goel
Sarvesh Singh Baghel
Krishna Kumar Singh
Omanakuttan K. K.

eCourtsIndia AITM

Brief Facts Summary

Brigade Enterprises Limited filed Miscellaneous Application Diary No. 2233/2023 in the Supreme Court, concerning an appeal against a Registrar's Order (Order XV Rule 5) and seeking condonation of delay. During the hearing on March 27, 2023, the counsel for Brigade Enterprises Limited, upon instructions, requested leave to withdraw this application.

Timeline of Events

2022-12-16

Judgment related to main Diary Case D. No. 36339/2022 was passed/challenged.

2023-01-14

Miscellaneous Application MA 2233/2023 filed by Brigade Enterprises Limited.

2023-02-10

First hearing date of the Miscellaneous Application.

2023-03-27

Hearing of the Miscellaneous Application; counsel sought leave to withdraw it.

2023-03-27

Supreme Court dismissed the Miscellaneous Application as withdrawn.

Key Factual Findings

The learned counsel for the applicant sought leave to withdraw the application, on instructions.

Source: Current Court Finding/Recited from Petitioner Pleading

The Miscellaneous Application is dismissed as withdrawn.

Source: Current Court Finding

Primary Legal Issues

1.Withdrawal of Miscellaneous Application

Secondary Legal Issues

1.Condonation of Delay
2.Appeal against Registrar's Order

Petitioner's Arguments

The learned counsel for the applicant, acting on instructions from their client, sought leave from the Court to withdraw the Miscellaneous Application.

Court's Reasoning

The Court granted the request for withdrawal after the learned counsel for the applicant sought leave to withdraw the application, acting on instructions. Consequently, the Miscellaneous Application was dismissed as withdrawn, without further adjudication on its merits.

Judicial Philosophy Indicators:
  • Pragmatism
Order Nature:Procedural
Disposition Status:Disposed
Disposition Outcome:Dismissed as withdrawn

Impugned Orders

Supreme Court
Case: D. No. 36339/2022
Date: 2022-12-16

Specific Directions

  1. 1.The Misc. Application is, accordingly, dismissed as withdrawn.

Precedential Assessment

Non-Binding (Procedural)

The order merely records the withdrawal of an application and does not involve any substantive legal ruling or interpretation of law, thus holding no precedential value on legal principles.

Tips for Legal Practice

1.Counsel can seek and obtain leave to withdraw applications at any stage of the proceedings, provided the court grants permission.
2.A dismissal 'as withdrawn' typically concludes the specific application without prejudice to the underlying merits, allowing for alternative remedies or fresh applications if permissible.

Legal Tags

Supreme Court Procedural Dismissal of ApplicationWithdrawal of Miscellaneous Application IndiaAppeal Against Registrar's Order Supreme CourtCondonation of Delay Application WithdrawalLegal Implications of Application Dismissal as Withdrawn

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

After Week/Month/Vacation

Before:

Hon'ble Ajay Rastogi, Hon'ble Bela M. Trivedi

Stage:

FRESH (FOR ADMISSION) - CIVIL CASES

Remarks:

Dismissed as withdrawn

Listed On:

27 Mar 2023

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

10605/2023,10610/2023,

Original Order Copy

Get a certified copy of this order

Download True Copy

Order Text

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

MISCELLANEOUS APPLICATION Diary No(s). 2233/2023 in D No. 36339/2022

BRIGADE ENTERPRISES LIMITED Petitioner(s)

VERSUS

ANIL KUMAR VIRMANI & Ors. Respondent(s)

IA No. 10605/2023 - APPEAL AGAINST REGISTRARS ORDER XV RULE 5 IA No. 10610/2023 - CONDONATION OF DELAY IN FILING

Date : 27-03-2023 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MS. JUSTICE BELA M. TRIVEDI

For Petitioner(s) Mr. Aditya Parolia, Adv. Mr. Piyush Singh, Adv. Mr. Akshay Srivastava, Adv. Mr. Rajesh Kumar, Adv. Mr. Gaurav Goel, AOR

Mr. Sarvesh Singh Baghel, AOR Mr. Ms. Ayshwarya Chandar, Adv.

For Respondent(s) Mr. Krishna Kumar Singh, AOR

Mr. Govind Jee, Adv. Mr. Omanakuttan K. K., AOR

UPON hearing the counsel the Court made the following O R D E R

The learned counsel for the applicant, on instructions, seeks leave to withdraw this application.

The Misc. Application is, accordingly, dismissed as withdrawn.

(JAYANT KUMAR ARORA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER Digitally signed by Jayant Kumar Arora Date: 2023.03.28 17:03:02 IST Reason: Signature Not Verified

Share This Order

Case History of Orders

Order(2) - 27 Mar 2023

ROP - of Main Case

Viewing

Order(1) - 10 Feb 2023

ROP - of Main Case

Click to view
Similar Case Search