Bombay High Court
TATA MOTORS FINANCE SOLUTIONS LTDversusLAKSHMI BARTER PVT LTD
- Decided
- Disposal
- DISPOSED OFF
- Bench
- ARIF S DOCTOR
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The petition is dismissed as withdrawn.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 The Court, after hearing counsel, allowed the withdrawal and dismissed the petition as withdrawn, also disposing of the related interim application.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- Whether a commercial arbitration petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 can be withdrawn after the parties have settled their disputes through a Memorandum of Understanding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 The captioned Commercial Arbitration Petition is dismissed as withdrawn.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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