Bombay High Court

L and T Finance LtdversusMobile plus

Decided: 22 June 2026
Disposal: DISMISSED
Bench: ARUN R PEDNEKER

Holding

The court granted leave to withdraw the arbitration application and allowed the applicant to file a fresh application, keeping all contentions open.

Summary

The applicant, L and T Finance Ltd., filed an arbitration application against Mobile Plus & Anr. The applicant's counsel sought leave of the court to withdraw the pending arbitration application and to be permitted to file a fresh application after determining the respondent's current address. The court considered whether such a withdrawal with liberty to re‑file is permissible under procedural law. It held that the court may grant leave to withdraw an application and allow the party to file a fresh one, provided the parties' substantive contentions remain open for determination. Accordingly, the court dismissed the arbitration application as withdrawn, granting the liberty sought, and expressly kept all contentions of the parties open for future adjudication.

Issues considered

Whether the court can grant leave to withdraw an arbitration application and permit the filing of a fresh application.

Subjects

Arbitration
Withdrawal of application
Procedural law
Fresh application
Court discretion

Judgment

Sonali Mane                                                       15-ARBAP-62-2026.docx



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 ORDINARY ORIGINAL CIVIL JURISDICTION

                 ARBITRATION APPLICATION NO. 62 OF 2026

L and T Finance Ltd.                                         … Applicant
         Versus
Mobile Plus & Anr.                                           … Respondents



Adv. Avanish Bangera i/b Disha Karambar & Associates for Applicant.
None for Respondents.



                                    CORAM        : ARUN R. PEDNEKER, J.
                                    DATE         : 22 JUNE, 2026
P.C. :


1.             Learned counsel for the Applicant, on instructions, seeks leave to
withdraw this Application with liberty to file a fresh application after
ascertaining the current address of the Respondent."




2.              The Arbitration Application dismissed as withdrawn, with
liberty, as prayed. All contentions of the parties are expressly kept open.




                                                   [ARUN R. PEDNEKER, J.]




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Avanish Bangera