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Bombay High Court

MALTI MADHUKANT THAKKERversusJETHABHAI GOPALJIS A Partnership Firm

Decided
Disposal
DISPOSED OFF

Holding

The court held that a petition for arbitration may be withdrawn by the petitioners upon the court’s permission.

Summary

The petitioners, Malti Madhukant Thakker & Anr., filed an arbitration petition before the High Court of Bombay against Jethabhai Gopaljis seeking relief under the arbitration law. During the pendency of the petition, the petitioners applied to the court for permission to withdraw the arbitration petition. The court examined the request and, noting that a party may withdraw an arbitration petition with the court's leave, granted the permission sought. Accordingly, the arbitration petition was dismissed as withdrawn. No further directions or orders were issued.

Issues considered

  • Whether the petitioners may be permitted by the court to withdraw the arbitration petition?

Subjects

  • Arbitration
  • Withdrawal of petition
  • Civil Procedure
  • High Court of Bombay

Judgment

                                                                               1-ARBP-194-2026.doc


                        Vivekanand
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
           VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA   BONDE
BONDE      Date:
           2026.09.16
           18:10:27
                                      ARBITRATION PETITION NO. 194 OF 2026
           +0530




                        Malti Madhukant Thakker & Anr.               … Petitioners
                                   V/s.
                        Jethabhai Gopaljis                           … Respondent

                        Mr. Vivek Sharma a/w Ms. Harsha M. i/b Vivek
                        Sharma, for the Petitioner.
                        Mr. Niranjan Bhavake a/w Mudra Bhayje i/b Bhavake
                        and Associate, for the Respondent.



                                                     CORAM      : AMIT BORKAR, J.

                                                     DATED      : SEPTEMBER 16, 2026
                        P.C.:

                        1.      Learned Advocate for the Petitioners, on instructions, seek
                        permission to withdraw the Petition.

                        2.      Permission, as sought, is granted.

                        3.      The Arbitration Petition is dismissed as withdrawn.


                                                                      (AMIT BORKAR, J.)




                                                           1


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