Saw Engineering (Pvt) Ltd vs Director General of Customs – CA WRIT 359/2012-2012

In the case between Saw Engineering (Pvt) Ltd and the Director General of Customs and others, the court addressed whether the petitioner could withdraw a writ application with liberty to re-file. The court permitted withdrawal of the application, dismissing it in a pro-forma manner without costs and without adjudication on the merits. This holding reaffirmed the procedural principle that a petitioner may withdraw a writ with liberty to file afresh, provided no substantive order is made. The decision relied on established practice governing court procedure for withdrawal, emphasizing that such withdrawal precludes a decision on the dispute’s merits at that stage.

S. Siriskandarajah J. — Upon the request of counsel for the petitioner to withdraw the application with liberty to re-file, it