Bombay High Court
Kamalasha Infrastructure and EngineeringversusGlobal Enterprises
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The petition is dismissed as withdrawn.
Summary
The petition was filed by Kamalasha Infrastructure and Engineering seeking arbitration against Global Enterprises. The parties' agreement contains Clause Q(a) requiring disputes to be referred to the Managing Director before arbitration, and Clause Q(b) was highlighted by the respondent. Both parties agreed that the dispute had not yet been referred to the Managing Director and consented to do so. Consequently, the petitioner requested to withdraw the arbitration petition. The Court dismissed the petition as withdrawn, noting that the petitioner remains free to initiate arbitration if needed.
Issues considered
- Whether the arbitration petition can be withdrawn after the parties agree to refer the dispute to the Managing Director as per the arbitration agreement.
Subjects
- Arbitration
- Withdrawal of petition
- Arbitration agreement
- Dispute referral
- Managing Director
- Civil appellate jurisdiction
Judgment
Digitally
signed by 908-ARP-112-26.DOC
MEERA
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
2026.08.24
13:54:13
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION PETITION NO. 112 OF 2026
Kamalasha Infrastructure And Engineering ...Petitioner
Versus
Global Enterprises ...Respondent
----------
Mr. Vishal Tambat a/w Ms Rochelle Fernandes and Ms Sejal Mhaskar for
Petitioner.
Mr. Rohit Mishra for Respondent.
----------
CORAM: S. M. MODAK, J.
DATED: 21st AUGUST, 2026
P.C.
1. Heard learned Advocate for the Petitioner and learned Advocate for
the Respondent.
2. Learned Advocate for the Respondent has invited my attention to
clause Q(b) of the Agreement at page 28 of the Petition. This agreement is
executed between the parties.
3. Clause Q(a) provides for referring the dispute to the Managing
Director of the Petitioner’s company. There is a consensus amongst both the
parties that earlier it is not referred to the Managing Director. On the basis
of the instructions, learned Advocate for the Petitioner submits that the
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Meera Jadhav
908-ARP-112-26.DOC
parties will contact the Managing Director of their company. Learned
Advocate for the Respondent consented to the same.
4. In view of above, the Petitioner wants to withdraw the Petition.
Petition is dismissed as withdrawn.
5. If, there is an occasion for appointment of an arbitrator, the Petitioner
is at liberty to take appropriate steps.
(S. M. MODAK, J.)
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Meera Jadhav
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