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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