Allahabad High Court
SACHIN KUMAR AND ANOTHERversusSOLITAIRE REALINFRA PVT LTD AND ANOTHER
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The petition is dismissed as withdrawn, with liberty granted to the applicants to file a better petition.
Summary
The applicants, Sachin Kumar and another, filed an arbitration petition before the Allahabad High Court. Their counsel sought to withdraw the petition while requesting liberty to file a better petition later. The court considered the request and, noting the applicants' intention, dismissed the petition as withdrawn, granting the liberty to file a fresh petition. The order was recorded in the presence of the respondent's counsel. No substantive merits of the dispute were addressed as the petition was withdrawn.
Issues considered
- What is the appropriate procedure for withdrawing an arbitration petition with liberty to file a fresh petition?
Subjects
- Arbitration
- Petition withdrawal
- Civil Procedure
- High Court
- Application under Section 11(4) of the Arbitration and Conciliation Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 101 of 2024
Sachin Kumar And Another
.....Applicant(s)
Versus
Solitaire Realinfra Pvt Ltd And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Prashant Kumar, Susheel Kumar Pandey
Counsel for Opposite Party(s) : Manvendra Singh
Court No. - 7
HON'BLE PIYUSH AGRAWAL, J.
1. Learned counsel for the applicant(s) prays for withdrawal of the present
petition with liberty to file a better petition.
2. In view of statement made, the present petition is dismissed as withdrawn
with aforesaid liberty.
3. This order has been passed in presence of Mr. R.S. Pawar, learned counsel
for respondent no.1.
May 12, 2026
Ajeet
(Piyush Agrawal,J.)
Digitally signed by :-
AJEET KUMAR PATEL
High Court of Judicature at Allahabad
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