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Bombay High Court

Mahindra and Mahindra Financial Services LimitedversusRadhika Enterprises

Decided
Disposal
DISPOSED OFF

Holding

The petition is disposed of as infructuous because the respondent's undertaking satisfies the relief sought.

Summary

Mahindra and Mahindra Financial Services Ltd filed an arbitration petition against Radhika Enterprises. The respondent filed an undertaking containing a repayment schedule, which the court accepted. The petitioner sought to impose penal charges despite the undertaking. The court held that the filing of the undertaking rendered the petition infructuous and ordered its disposal. Consequently, no penal charges were to be imposed and the petition was dismissed.

Issues considered

  • Whether the arbitration petition remains viable after the respondent files an undertaking with a repayment schedule
  • Whether the petitioner can impose penal charges despite the undertaking

Subjects

  • arbitration
  • undertaking
  • repayment schedule
  • penal charges
  • petition disposed
  • infructuous

Judgment

                                                                                   40-ARBP-48-2025.doc



                                                                                            Gayatri


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAYATRI
           Digitally signed
           by GAYATRI
           RAJENDRA
                                          ORDINARY ORIGINAL CIVIL JURISDICTION
RAJENDRA   SHIMPI
SHIMPI     Date:
           2026.10.01
           17:52:12 +0530


                                           ARBITRATION PETITION NO. 48 OF 2025
                                                         WITH
                                       ARBITRATION APPLICATION NO. (L) NO. 25071 OF 2026 (NOB)


                              Mahindra and Mahindra Financial
                              Services Limited                              … Petitioner
                                         V/s.
                              Radhika Enterprises                           … Respondent

                              Mr. Zerick Dastur a/w Mr. Khushk Shah & Mr.
                              Jennifer S. i/b Khushil Shah, for Petitioner.
                              Mr. Arjun, for Respondent.


                                                           CORAM      : AMIT BORKAR, J.

                                                           DATED      : OCTOBER 1, 2026

                              P.C.:

                              1.      The Respondents have filed an undertaking setting out the
                              schedule of repayment. The undertaking is accepted.

                              2.      The Petition stands disposed of in terms of the
                              undertaking.

                              3.      It is stated on behalf of the Petitioner that in view of the
                              filing of the undertaking, the Petitioner shall not impose any
                              penal charges upon the Respondent.




                                                                1
                                                40-ARBP-48-2025.doc




          ARBITRATION PETITION (L) NO. 25071 OF 2026

4.   Not on board. Upon mentioning, taken on board.

5.   In view of the undertaking filed by Respondent in Section
9 proceedings, nothing remains to be adjudicated in this
Petition. Hence, the Petition is therefore disposed of as
infructuous.


                                       (AMIT BORKAR, J.)




                              2


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