AI Drafter 
TaxTMI 
TaxTMI 
2020 (9) TMI 684
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.....No.27267 of 2019, was filed by a separate petitioner, wherein the said petitioner claimed the bid for itself, and for rejecting the bid of the appellant herein as well as the successful bidder, M/s.Krystal Integrated Services Private Limited, fourth respondent herein. Both the writ petitions were taken up together and have been dismissed. While dismissing the writ petitions, the learned Single Judge has made the following observations in paragraphs (40) to (42), which are reproduced herein under: "40. The reasons and the law laid down by the Hon'ble Supreme Court are binding. I hold that both the Writ Petitioners have embarked on a speculative journey to deliberately frustrate further progress in the tender process. Both the Writ Petitions have to suffer an order of dismissal and accordingly they are dismissed. 41. It must also be stated that the learned counsel for the Writ petitioner in W.P.No.24412 of 2019, made the following endorsement in the Writ Petition on the last day when the writ petitions were reserved for orders: 'Petitioner may be permitted to withdraw with liberty' This Court expresses its deep displeasure over such an....
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....nsel was taken by surprise with the observations made and cost imposed on the appellant. 6. Learned counsel has clarified that the other writ petitioner had been contesting his writ petition and there was no endorsement by the said writ petitioner for withdrawing the case. He also points out that this matter had been heard at length before another learned Single Judge, where written arguments had been filed on 04.10.2019 and inspite of the matter having been heard and judgment reserved by the learned Single Judge, the same was not pronounced, as a result thereof, the matter came to be heard by another learned Single Judge, who has now dismissed the writ petition with the said observations. 7. The contention is that there was no attempt on the part of the appellant to put the Court to any form of inconvenience or seek adjournment or any unnecessary indulgence, and he was simply pursuing his legitimate and bona fide right to seek a judicial review from this Court in a contractual matter to the extent it may have been permissible. 8. In this background, once the petitioner had sought withdrawal and had endorsed it, then, the dismissal of the writ petition an....
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....that application. 4. Having regard to the facts involved in this case, and in particular, the Counter Affidavit dated 12.11.2019 filed by the Third Respondent, the pendency of this Writ Petition shall not preclude the Sixth Respondent from deciding the aforesaid application for advance ruling said to have been made by the Petitioner. 5. Learned Counsel for the parties seek time to make further submissions in the Writ Petition. Post the matter along with W.P. No. 27267 of 2019 on 22.11.2019 at the end of the list." 7. The contention of the learned counsel for the appellant is that it is for this reason that the appellant made a request before the learned Single Judge to allow the appellant to withdraw his writ petition, for which an endorsement was made so that he may have the liberty to pursue the appeal before the Advance Ruling Authority. 8. The contention of the learned counsel for the appellant is that the endorsement made for withdrawal of the writ petition was unequivocal, as the appellant did not wish to contest the writ petition since he was pursuing his application before the Advance Ruling Authority, the Court ought to have simply dismissed the wri....
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....iled by him in the High Court under Article 226 of the Constitution of India without the permission to institute a fresh petition can file a fresh writ petition in the High Court under that article. On this point the decision in Daryao v. State of U.P. [AIR 1961 SC 1457 : (1962) 1 SCR 574] is of no assistance. But we are of the view that the principle underlying Rule 1 of Order XXIII of the Code should be extended in the interests of administration of justice to cases of withdrawal of writ petition also, not on the ground of res judicata but on the ground of public policy as explained above. It would also discourage the litigant from indulging in bench-hunting tactics. In any event there is no justifiable reason in such a case to permit a petitioner to invoke the extraordinary jurisdiction of the High Court under Article 226 of the Constitution once again. While the withdrawal of a writ petition filed in a High Court without permission to file a fresh writ petition may not bar other remedies like a suit or a petition under Article 32 of the Constitution of India since such withdrawal does not amount to res judicata, the remedy under Article 226 of the Constitution of India should b....
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....is heard for some time when the petitioner or his counsel finds that the court is not likely to pass an order admitting the petition, request is made by the petitioner or by his counsel to permit the petitioner to withdraw the writ petition without seeking permission to institute a fresh writ petition. A court which is unwilling to admit the petition would not ordinarily grant liberty to file a fresh petition while it may just agree to permit the withdrawal of the petition.' In para 9 of the said decision, it is also mentioned as follows: (SCC p. 12) '9. ... But we are of the view that the principle underlying Rule 1 of Order 23 of the Code should be extended in the interests of administration of justice to cases of withdrawal of writ petition also, not on the ground of res judicata but on the ground of public policy as explained above. It would also discourage the litigant from indulging in Bench-hunting tactics.' (emphasis supplied) We are of the opinion that the decision in Sarguja Transport case [(1987) 1 SCC 5 : 1987 SCC (Cri) 19 : AIR 1987 SC 88] has to be understood in the light of the observations in paras 8 and 9 therein, whi....
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....a case is only an authority for what it actually decides, and not what logically follows from it.' 16. In Bhavnagar University v. Palitana Sugar Mill (P) Ltd. [(2003) 2 SCC 111] (vide SCC p. 130, para 59) this Court observed: '59. ... It is also well settled that a little difference in facts or additional facts may make a lot of difference in the precedential value of a decision.' (emphasis supplied) 17. As held in Bharat Petroleum Corpn. Ltd. v. N.R. Vairamani [(2004) 8 SCC 579 : AIR 2004 SC 4778] a decision cannot be relied on without disclosing the factual situation. In the same judgment this Court also observed: (SCC pp. 584-85, paras 9-12) '9. Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed. Observations of courts are neither to be read as Euclid's theorems nor as provisions of a statute and that too taken out of their context. These observations must be read in the context in which they appear to have been stated. Judgments of courts are not to be construed as statutes. To interpret words, phras....
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....(as said by Cardozo) by matching the colour of one case against the colour of another. To decide therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive.' ... 'Precedent should be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off the side branches else you will find yourself lost in thickets and branches. My plea is to keep the path to justice clear of obstructions which could impede it.' " (emphasis supplied) 18. We have referred to the aforesaid decisions and the principles laid down therein, because often decisions are cited for a proposition without reading the entire decision and the reasoning contained therein. In our opinion, the decision of this Court in Sarguja Transport case [(1987) 1 SCC 5 : 1987 SCC (Cri) 19 : AIR 1987 SC 88] cannot be treated as a Euclid's formula. 16. In the said decision, the Court held that the application for withdrawal of the first writ petition had been made bona fide, as the company was trying to bring about an amicable settlement. The assumption of any forum shopping does not arise in this case, as the pur....
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....ment is a result of threat, coercion, fraud and misrepresentation. In short, it is not voluntary or unilateral and, therefore, it cannot be said to be an absolute withdrawal. There can be a contingency where such expression of withdrawal can be alleged to be not in a sound state of mind or even under a mistaken belief or wrong advice. It is in such contingencies that the inherent power of the Court under Section 151, CPC has to be adverted to in order to rectify any mischief or fraud or even correction of legally permissible mistakes. Thus, the right of a litigant may be absolute for withdrawing from a litigation but it is hedged with the aforesaid limitation and, therefore, can be said to be subject to any orders passed or adjudication before the withdrawal is treated to be absolute. The intention, therefore, expressed to withdraw from a Suit may require me passing of an order of the Court before finality is attached to the same. ..... 30. The contention raised that Order 21, Rule 89(2) has similar wordings and the order of the Court is not necessary, is not attracted, as the ingredients of Order XXIII are entirely different as discussed hereinabove. A l....
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....n absolute form subject to and hedged by the limitations referred to in the said decisions. As to what is absolute withdrawal has also been considered in a later judgment cited by the learned counsel for the appellant in the case of Anurag Mittal v. Shaily Mishra Mittal, (2018) 9 SCC 691, where this issue was discussed in paragraphs (17) and (18), which are extracted herein under: "17. The High Court of Bombay in Anil Dinmani Shankar Joshi v. Panvel Municipal Council, 2003 SCC OnLine Bom 24,: AIR 2003 Bom 238, followed the judgment of this Court in Shiv Prasad v. Durga Prasad, (1975) 1 SCC 405 and held that the said judgment is applicable to suits also. The High Court recognised the unconditional right of the plaintiff to withdraw his suit and held that the withdrawal would be complete as soon as the plaintiff files his purshis of withdrawal. 18. Order 23 Rule 1(1) CPC enables the plaintiff to abandon his suit or abandon a part of his claim against all or any of the defendants. Order 23 Rule 1(3) CPC requires the satisfaction of the Court for withdrawal of the suit by the plaintiff in case he is seeking liberty to institute a fresh suit. While observing t....
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.... writ petition before this Court. In our opinion, there was a justification, yet the appellant, in his wisdom, rightly instructed the counsel to withdraw the writ petition, which endorsement was made in open court. 21. It is the contention of the learned counsel that the Court did not refuse permission when the endorsement was made and the counsel was under the impression that the same would be considered favourably in the circumstances indicated above, but the appellant was taken by surprise when the writ petition came to be dismissed, that too even with the imposition of Rs. 5 Lakhs costs and refusing permission to withdraw the writ petition and liberty to pursue his application before the Advance Ruling Authority. 22. On the said issue, we find that the learned Single Judge in order to draw a curtain on the litigation at that stage had already been offered an opportunity to dismiss the writ petition as withdrawn. In our view, once such a request has been made, and unless there are any unrepresented third party rights that may be affected, or any of the contingencies mentioned in the judgments referred to herein above exist, it is always ordinarily an acceptable position th....