Bombay High Court

HILL CREST RESORT AND SPA PVT LTDversusNASHWIN ELECTRIC PVT. LTD.,

Decided: 21 August 2026
Disposal: WITHDRAWN

Holding

The petition is disposed of as withdrawn.

Summary

Hill Crest Resort and Spa Pvt. Ltd. filed a Commercial Arbitration Petition (No. 469 of 2022) before the Bombay High Court. The parties had earlier filed Consent Terms in Execution Petition No. 2 of 2023 before the District Judge, Panvel. The petitioner, through counsel, sought leave from the Court to withdraw the arbitration petition after the consent terms were filed. The Court, after considering the request, ordered that the petition be disposed of as withdrawn. Consequently, the pending interim application (L) No. 621 of 2026 was also disposed of. The order was pronounced by Justice Aarti Sathe on 21 August 2026.

Issues considered

Whether the High Court can permit withdrawal of a commercial arbitration petition after consent terms have been filed in a lower court.

Subjects

commercial arbitration
withdrawal of petition
consent terms
interim application
court order

Judgment

                                                                                501-CARBP-469-22 WITH IA.DOC

 JYOTI
 RAJESH
 MANE                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by JYOTI
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
RAJESH MANE
Date: 2026.08.24
10:54:28 +0530

                           COMMERCIAL ARBITRATION PETITION NO.469 OF 2022
                                              WITH
                               INTERIM APPLICATION (L) NO. 621 OF 2026
                                                IN
                           COMMERCIAL ARBITRATION PETITION NO.469 OF 2022


                   Hill Crest Resort and Spa Pvt.Ltd.                       … Petitioner
                          Versus
                   Nashwin Electric Pvt. Ltd.                               ...Respondents
                                                           _______


                   Mr. Sana Khan i/b. Hemal Ganatra, for Petitioner.
                   Mr. Harsh Agarwal i/b. Pratik Amin Associates, for Respondents .
                                                           _______

                                               CORAM:            AARTI SATHE, J.

                                               DATE:             21 AUGUST 2026

                   P.C.

                   1.     In view of the Consent Terms filed by the parties before the learned District

                   Judge, Panvel, in Execution Petition No. 2 of 2023, dated 07 March 2026, learned

                   counsel appearing on behalf of the Petitioner seeks leave to withdraw the aforesaid

                   Commercial Arbitration Petition.

                   2.     The Petition is accordingly disposed of as withdrawn.

                   3.     In view of the disposal of the Petition, the pending Interim Application also

                   stands disposed of.


                                                                 (AARTI SATHE, J.)




                                                        Page 1 of 1
                   Mane

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