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Bombay High Court

TATA MOTORS FINANCE SOLUTIONS LTDversusLAKSHMI BARTER PVT LTD

Decided
Disposal
DISPOSED OFF

Holding

The petition is dismissed as withdrawn.

Summary

The petitioner, Tata Motors Finance Solutions Ltd, filed a commercial arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996. The parties subsequently executed a Memorandum of Understanding on 30 September 2025, settling all disputes. The petitioner’s counsel sought leave to withdraw the petition on the basis of the settlement. The Court, after hearing counsel, allowed the withdrawal and dismissed the petition as withdrawn, also disposing of the related interim application. The Court directed that any court fees paid be refunded as per the applicable rules.

Issues considered

  • Whether a commercial arbitration petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 can be withdrawn after the parties have settled their disputes through a Memorandum of Understanding

Legislation cited

Subjects

  • Arbitration
  • Section 9
  • Withdrawal of petition
  • Settlement agreement
  • Commercial arbitration
  • Court fees

Judgment

                                          1/2               501-CARBP-235-2023.DOC




                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION


               COMMERCIAL ARBITRATION PETITION NO.235 OF 2023
Tata Motors Finance Solutions Ltd                                     ...Petitioner
          Versus
Lakshmi Barter Pvt Ltd                                                ...Respondent
                                        WITH
                      INTERIM APPLICATION NO.6901 OF 2025
                                          IN
               COMMERCIAL ARBITRATION PETITION NO.235 OF 2023
                                       _______
Mr. Prathmesh Mandlik a/w Priyesha Patel i/b Nitesh Bhutekar, for the
Petitioner.
Mr. Kush Shah i/b Vikrant D. Shetty, for the Respondent.
                                       _______


                                           CORAM        :      ARIF S. DOCTOR, J.

                                           DATE         :      13th JANUARY, 2026

P.C.
1.        The matter was mentioned in the morning session and placed on the

production board.

2.        Learned counsel for the parties submit that pursuant to the filing of the

captioned Petition under Section 9 of the Arbitration and Conciliation Act, 1996,

the parties have entered into a Memorandum of Understanding dated 30 th

September 2025, by which their disputes and differences have been resolved.

On this basis, learned counsel seeks leave to withdraw the captioned Petition.

3.        The captioned Commercial Arbitration Petition is dismissed as withdrawn.

The Interim Application is also disposed of.



Vaibhav
                                             2/2        501-CARBP-235-2023.DOC



4.        Refund of Court fees, if any, as per rules.




                                                           [ARIF S. DOCTOR, J.]




Vaibhav


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