Bhavana R. Bhatia vs. Rajesh M Bhatia

Court:Supreme Court of India
Judge:Hon'ble Unknown Judge
Case Status:Disposed
Order Date:3 Aug 2009
CNR:SCIN010237812008

AI Summary

This Supreme Court order details the withdrawal and dismissal of a Transfer Petition (Civil) in a case involving Bhavana R. Bhatia and Rajesh M. Bhatia. The petition, filed in 2008, was concluded on August 3, 2009, with the petitioner opting to withdraw their request for case transfer, highlighting a common procedural outcome in such matters.

Ratio Decidendi:
A Transfer Petition can be dismissed as withdrawn if the petitioner's counsel expresses a desire to withdraw it and the court grants the prayer.

Case Identifiers

Primary Case No:956 of 2008
Case Type:Transfer Petition (Civil)
Case Sub-Type:Transfer Petition (Civil) - Matrimonial Dispute
Secondary Case Numbers:23781/2008
Order Date:2009-08-03
Filing Year:2008
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble Dalveer Bhandari, Hon'ble Mukundakam Sharma

Petitioner's Counsel

Balaji Srinivasan
Advocate - Appeared
Madhusmita Bora
Advocate - Appeared

eCourtsIndia AITM

Brief Facts Summary

Bhavana R. Bhatia filed a Transfer Petition (Civil) No. 956 of 2008 against Rajesh M. Bhatia in the Supreme Court. On August 3, 2009, during the hearing, the petitioner's counsel expressed a wish to withdraw the petition. The Court acceded to this request and consequently dismissed the petition as withdrawn.

Timeline of Events

2008-08-20

Transfer Petition (C) No. 956 of 2008 filed by Bhavana R. Bhatia.

2009-08-03

Petition called on for hearing before the Supreme Court.

2009-08-03

Petitioner's counsel, Balaji Srinivasan and Ms. Madhusmita Bora, express wish to withdraw the petition.

2009-08-03

Supreme Court, comprising Justices Dalveer Bhandari and Mukundakam Sharma, allows the prayer and dismisses the Transfer Petition as withdrawn.

Key Factual Findings

The petitioner's counsel wished to withdraw the Transfer Petition.

Source: Current Court Finding

Primary Legal Issues

1.Whether the petitioner should be allowed to withdraw the Transfer Petition.
2.Whether the Transfer Petition should be dismissed as withdrawn.

Petitioner's Arguments

The learned counsel for the petitioner expressed the desire to withdraw the Transfer Petition.

Court's Reasoning

The Court allowed the prayer for withdrawal, leading to the dismissal of the Transfer Petition as withdrawn, based on the petitioner's counsel's explicit request.

Judicial Philosophy Indicators:
  • Emphasis on procedural efficiency
Order Nature:Procedural
Disposition Status:Disposed
Disposition Outcome:Withdrawn

Specific Directions

  1. 1.Transfer Petition dismissed as withdrawn.

Precedential Assessment

Non-Binding (Procedural)

This is a procedural order dismissing a petition as withdrawn; it does not lay down any substantive law or interpret any statute, thus has no significant precedential value.

Tips for Legal Practice

1.Counsel can withdraw a Transfer Petition at any stage with court's permission.
2.Withdrawal of a Transfer Petition results in its dismissal.

Legal Tags

Supreme Court dismissal of Transfer Petition on withdrawalProcedural order allowing withdrawal of civil petitionDisposal of Transfer Petition civil in 2009Consequences of petitioner withdrawing a Supreme Court caseTransfer Petition procedure in Supreme Court IndiaWithdrawal of case by counsel in Supreme Court

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:

Case Registered

Listed On:

20 Aug 2008

Original Order Copy

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Order Text

ITEM NO.58 COURT NO.8 SECTION XVIA SUPREME COURT OF INDIA RECORD OF PROCEEDINGS TRANSFER PETITION (CIVIL.) NO(s). 956 OF 2008 BHAVANA R.BHATIA Petitioner(s) VERSUS RAJESH M BHATIA Respondent(s) (With appln(s) for ex-Parte stay and office report ) Date: 03/08/2009 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DALVEER BHANDARI HON'BLE DR. JUSTICE MUKUNDAKAM SHARMA For Petitioner(s) Balaji Srinivasan,Adv. Ms. Madhusmita Bora, Adv. For Respondent(s) UPON hearing counsel the Court made the following ORDER This Transfer Petition is dismissed as withdrawn in terms of the signed order. (Sukhbir Paul Kaur) (Neeru Bala Vij) Court Master Court Master (Signed Order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 956 OF 2008 BHAVANA R. BHATIA Appellant(s) Versus RAJESH M. BHATIA Respondent(s) ORDER Learned counsel for the petitioner wishes to withdraw this Transfer Petition. The prayer is allowed. This Transfer Petition is

therefore, dismissed as withdrawn.

......................J.

(DALVEER BHANDARI)

......................J. (DR. MUKUNDAKAM SHARMA)

New Delhi, August 03, 2009