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Bombay High Court

TATA CAPITAL LIMITEDversusSOLANKI MAHINDRABHAI RAMABHAI

Decided
Disposal
Disposed off as Withdrawn

Holding

The Court may grant permission to withdraw pending arbitration applications and did so in this case.

Summary

The applicant, Tata Capital Limited, filed two arbitration applications (Nos. 618 and 614 of 2026) in the Commercial Division of the Bombay High Court. The applicant, through counsel, sought the Court's permission to withdraw both applications. The issue before the Court was whether it could grant a withdrawal of pending arbitration applications. The Court exercised its inherent jurisdiction to allow the withdrawal, noting that no prejudice was caused to the respondent. Accordingly, the Court granted the request and dismissed the applications as withdrawn.

Issues considered

  • Whether the High Court may permit the withdrawal of pending arbitration applications

Subjects

  • Arbitration
  • Withdrawal of application
  • Civil Procedure
  • Commercial Division
  • High Court

Judgment

                                                                             40-CARAP-618-2026.doc


                        Vivekanand
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by
           VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA
BONDE
           BONDE
           Date:
           2026.09.18
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
           17:19:24
           +0530                          IN ITS COMMERCIAL DIVISION

                                COMM ARBITRATION APPLICATION NO. 618 OF 2026
                                                  WITH
                                COMM ARBITRATION APPLICATION NO. 614 OF 2026


                        Tata Capital Limited                         … Applicant
                                   V/s.
                        Shahrukh Shah                                … Respondent

                        Mr. Saurabh Oak, for the Applicant.


                                                     CORAM      : AMIT BORKAR, J.

                                                     DATED      : SEPTEMBER 18, 2026
                        P.C.:

                        1.      The learned Advocate for the Applicant, on instructions,
                        seeks permission to withdraw the Applications.

                        2.      Permission, as sough, is granted.

                        3.      All these applications are dismissed as withdrawn.


                                                                      (AMIT BORKAR, J.)




                                                           1


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