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Smt. Nidhi Kumari v. Sh. Archit Bhartiya

Transfer Petition (Civil) · 2021 INSC 722Decided 12 Nov 2021
Transfer Petition (Civil) No. 1427 of 2018
Justice Vikram Nath

Background

Smt. Nidhi Kumari had filed Transfer Petition (Civil) No. 1427/2018 before the Supreme Court against Sh. Archit Bhartiya, invoking the Court's power to transfer a case pending in a lower court to another court. Before the petition could be heard and decided on its merits, the petitioner's counsel informed the Court that he had instructions to withdraw it, and moved I.A. No. 126399/2021 seeking permission to do so.

Decision Breakdown

The Supreme Court allowed the withdrawal application and dismissed the Transfer Petition as withdrawn. Since the petitioner chose not to pursue the matter, the Court did not examine or rule on the merits of the original transfer request.

Lesson Learnt

A party who has filed a petition before the Supreme Court is free to withdraw it at any stage before it is decided; when that happens, the case is simply closed without any finding on the underlying dispute, leaving the parties to pursue other remedies if needed.

Official source (sci.gov.in)View Judgment (PDF)

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