Kumari Overseas Private Limited v. Union Of India
2025:BHC-OS:10294-DB Sayyed 14-WP.2013.2025.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2013 OF 2025 WRIT PETITION NO.2013 OF 2025 Kumari Overseas Private Limited & Anr.
Kumari Overseas Private Limited & Anr.
...
...Petitioners
Petitioners
Versus
Versus
Union of India & Ors.
Union of India & Ors.
...
...Respondents
Respondents _____________________________________________________ Mr. Prasannan Namboodiri a/w Ms. Prathibha Namboodiri & Ms. Pallavi Mr. Prasannan Namboodiri a/w Ms. Prathibha Namboodiri & Ms. Pallavi Dabak for the Petitioners.
Dabak for the Petitioners.
Mr. Siddharth Chandrashekhar a/w Ms. Sangeeta Yadav for Respondent Mr. Siddharth Chandrashekhar a/w Ms. Sangeeta Yadav for Respondent Nos.3 & 4.
Nos.3 & 4.
_____________________________________________________ CORAM :
M. S. Sonak & Jitendra Jain, JJ.
DATED : 8 July 2025 PC.:- 1.
Heard learned counsel for the parties.
Heard learned counsel for the parties.
2.
After this matter was argued for some time, learned counsel After this matter was argued for some time, learned counsel for the Petitioners, based on instructions seeks leave to withdraw this for the Petitioners, based on instructions seeks leave to withdraw this petition with liberty to appeal the impugned order dated 24 December petition with liberty to appeal the impugned order dated 24 December 2024. Mr. Namboodiri states that if liberty is granted, the appeal would 2024. Mr. Namboodiri states that if liberty is granted, the appeal would be instituted within eight weeks from today. He also request that since be instituted within eight weeks from today. He also request that since the Petitioners, based on legal advice, was pursuing this petition, the the Petitioners, based on legal advice, was pursuing this petition, the period spent in this Court may be excluded for determining limitation. period spent in this Court may be excluded for determining limitation. 3.
We grant the Petitioners leave to withdraw this petition with We grant the Petitioners leave to withdraw this petition with liberty as prayed for.
liberty as prayed for.
4.
Further, if the Petitioners prefers an appeal within eight weeks Further, if the Petitioners prefers an appeal within eight weeks from today, then, in the peculiar facts of this case since the Petitioners from today, then, in the peculiar facts of this case since the Petitioners were pursuing this petition based on legal advice, we direct the Tribunal were pursuing this petition based on legal advice, we direct the Tribunal to consider the matter on merits without adverting to the issue of to consider the matter on merits without adverting to the issue of
Sayyed 14-WP.2013.2025.docx limitation. All contentions of all parties on the merits of the matter are limitation. All contentions of all parties on the merits of the matter are however, left open.
however, left open.
5.
We clarify that this order will apply only to the two Petitioners We clarify that this order will apply only to the two Petitioners before us.
before us.
6.
This Petition is disposed of as withdrawn with liberty and This Petition is disposed of as withdrawn with liberty and directions in the above terms. No costs.
directions in the above terms. No costs.
(Jitendra Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 09/07/2025 11:17:52