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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Disposed off as Withdrawn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 Consequently, the arbitration application was disposed of as withdrawn.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.)




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