Bombay High Court
Searce Cosourcing Services Private Limited Through its Authorized Representative Ms Diwyata BurbureversusVelex Logistics Private Limited and Anr
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court held that the applicant may withdraw the arbitration application and may file a fresh one if a cause of action later arises.
Summary
The applicant, Searce Cosourcing Services Private, filed an arbitration application against Velex Logistics Private Limited and others. The applicant's counsel sought permission to withdraw the application, stating that the respondent had been admitted into a Corporate Insolvency Resolution Process (CIRP). The Court considered whether such a withdrawal could be permitted. It held that the applicant could be allowed to withdraw the arbitration application. The Court further granted liberty to file a fresh application if a cause of action later arises. Consequently, the arbitration application was disposed of as withdrawn.
Issues considered
- Whether the applicant may be permitted to withdraw the arbitration application on the ground that the respondent is admitted in CIRP
Subjects
- Arbitration
- Withdrawal of application
- Corporate Insolvency Resolution Process
- High Court of Bombay
- Civil Procedure
Judgment
30-ARBAP-244-2026.doc
Vivekanand
Digitally
signed by
VIVEKANAND IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VIVEKANAND RAJENDRA
BONDE
RAJENDRA
BONDE Date:
2026.09.18
ORDINARY ORIGINAL CIVIL JURISDICTION
17:19:24
+0530
ARBITRATION APPLICATION NO. 244 OF 2026
Searce Cosourcing Services Private
Searce Cosourcing Services Private
Representative Ms Diwyata Burbure … Applicant
V/s.
Velex Logistics Private Limited and
Anr. … Respondents
Ms. Keertana Nair i/b GNP Legal, for the Applicant.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 18, 2026
P.C.:
1. The learned Advocate for the Applicant, on instructions,
seeks permission to withdraw the Application on the ground that
the Respondent has been admitted in CIRP.
2. In that view of the matter, the Applicant is permitted to
withdraw the Application with liberty to file a fresh Application in
case a cause of action arises in that regard.
3. The Application is disposed of as withdrawn.
(AMIT BORKAR, J.)
1
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