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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Disposed off as Withdrawn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.)




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