Bombay High Court
VERTEX NEWTON PROJECTS PVT LTDversusSOLITAIRE CO OPERATIVE HOUSING SOCIETY LTD
- Decided
- Disposal
- Disposed off as Withdrawn
Holding
The Court granted permission to withdraw the arbitration application and disposed of it with liberty to refile.
Summary
Vertex Newton Projects Pvt Ltd filed an arbitration application against Solitaire Co‑Operative Housing Society Ltd in the Commercial Division of the Bombay High Court. The applicant's counsel sought the Court's permission to withdraw the application, requesting liberty to file a fresh application if the dispute re‑emerges. The Court considered its inherent jurisdiction to allow withdrawal of pending applications where no prejudice is caused. It held that such permission could be granted and that the applicant could re‑initiate proceedings in the future. Accordingly, the Court granted the request, disposed of the pending application, and gave the applicant liberty to file a fresh one if needed.
Issues considered
- Whether the High Court may permit the withdrawal of an arbitration application pending before it
Subjects
- Arbitration
- Withdrawal of application
- Civil Procedure
- Commercial Division
- Bombay High Court
Judgment
1-CARAP-215-2025.doc
Vivekanand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
signed by
VIVEKANAND
IN ITS COMMERCIAL DIVISION
VIVEKANAND RAJENDRA
RAJENDRA BONDE
BONDE Date:
2026.09.10
17:14:25
+0530 COMM ARBITRATION APPLICATION NO. 215 OF 2025
WITH
INTERIM APPLICATION NO. 2146 OF 2025
IN
COMM ARBITRATION APPLICATION NO. 215 OF 2025
Vertex Newton Projects Pvt … Applicant
V/s.
Solitaire Co Operative
Housing Society Ltd … Respondent
Adv. Laveena Tejwani, Adv. Abdul Basit Kudalkar i/b
NDB Law, for the Applicant.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 10, 2026
P.C.:
1. The learned Advocate for the Applicant, on instructions,
seeks permission to withdraw the application with liberty to file
fresh application in case such dispute arises in future.
2. Permission, as sought, is granted.
3. The application is disposed of with liberty as prayed.
(AMIT BORKAR, J.)
1
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