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Bombay High Court

ASA INTERNATIONAL INDIAversusIDFC First Bank Limited

Decided
Disposal
DISPOSED OFF

Holding

The petition is dismissed as withdrawn, with liberty granted to the petitioner to approach the tribunal for modification of the impugned order.

Summary

ASA International India Microfinance Ltd. filed a commercial arbitration petition before the Bombay High Court against IDFC First Bank Ltd. The petitioner, through Senior Advocate Mr. Jayprakash Sen, sought to withdraw the petition and instead approach the arbitral tribunal for modification of the impugned order. The respondent, represented by Senior Advocate Mr. V. R. Dhond, raised no objection to the withdrawal. The Court allowed the withdrawal, dismissed the petition, and granted the petitioner liberty to file a modification application before the tribunal. It also directed that the impugned order not be acted upon for a week and that the pending interim application stand disposed.

Issues considered

  • Whether the petitioner may withdraw the arbitration petition and seek modification before the tribunal
  • Whether a stay of the impugned order for a week is appropriate pending the modification application
  • Whether the interim application remains pending after withdrawal of the main petition

Subjects

  • commercial arbitration
  • petition withdrawal
  • modification application
  • stay of order
  • Bombay High Court

Judgment

                                                               1/2                1 IA(L)-21525-2026.DOC




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


                                      COMMERCIAL ARBITRATION PETITION NO. 796 OF 2026
        Digitally
        signed by
        SAIRAJ
SAIRAJ  SANJAY
SANJAY  KARANDE
KARANDE Date:
        2026.09.30
                     ASA International India Microfinance Ltd.               … Petitioner
        13:46:04
        +0530
                                     Vs.
                     IDFC First Bank Limited                                 … Respondent
                                                            _______
                     Mr. Jayprakash Sen, Senior Advocate a/w Mr. S. Das, Ms. Arushi Kavlaskar. Ms.
                     Ishita Jawaharani i/b Suvaaankoor Das for Petitioner.
                     Mr. V. R. Dhond, Senior Advocate a/w Mr. Siddharth Ranade, Mr. Prakshal Jain,
                     Ms. Arunima Athavale, Mr. Dhaval Bothara i/b Trilegal for Respondent.
                                                            _______


                                                  CORAM         :      ARIF S. DOCTOR, J.
                                                  DATE          :      28th September, 2026.


                     P.C.


                     1.       Mr. Sen, learned Senior Counsel appearing for the Petitioner, after arguing


                     the Petition at some length, sought leave to withdraw the Petition and approach


                     the Tribunal with application for modification of the impugned order. Mr.


                     Dhond does not have any objection.


                     2.       Hence, the Petition is dismissed as withdrawn with aforesaid liberty


                     granted.




                     Sairaj
                                          2/2                 1 IA(L)-21525-2026.DOC


3.       It is clarified that till a period of one week, the impugned order shall not


be acted upon.


4.       The Tribunal will pass the appropriate order on the application.


5.       Nothing survives for consideration in pending Interim Application and the


same stands disposed of.




                                                                (ARIF S. DOCTOR, J.)




Sairaj


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