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Allahabad High Court

M/S BP WEALTH CREATORS CONSULTANT PVT. LTD.versusABI ENERGY SOLUTIONS PVT. LTD. AND ANOTHER

Decided

Holding

The arbitration application is dismissed as not pressed because the parties have amicably settled the dispute.

Summary

The applicant, M/s Bp Wealth Creators Consultant Pvt. Ltd., filed an arbitration application under Section 11(4) of the Arbitration and Conciliation Act, 1996, against Abi Energy Solutions Pvt. Ltd. and another party. The applicant later informed the court that the parties had reached an amicable settlement through compromise outside the court and therefore did not wish to pursue the arbitration. The opposite party consented to the settlement and raised no objection to the withdrawal of the application. The court examined whether the arbitration petition could be dismissed on the ground that it was not pressed. Relying on the parties' mutual agreement to settle, the court dismissed the arbitration application as not pressed. The dismissal effectively closed the arbitration proceedings.

Issues considered

  • Whether an arbitration application filed under Section 11(4) of the Arbitration and Conciliation Act, 1996 can be dismissed when the parties have settled the dispute by compromise out of court.

Legislation cited

Subjects

  • Arbitration
  • Compromise
  • Settlement
  • Section 11(4)
  • Dismissal of application

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 39 of 2026

                                    M/S Bp Wealth Creators Consultant Pvt. Ltd.
                                                                                                .....Applicant(s)
                                                                       Versus

                                    Abi Energy Solutions Pvt. Ltd. And Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)            :    Saumitra Dwivedi
                                    Counsel for Opposite Party(s)       :    Prakhar Shukla, Prakhar Shukla

                                    Court No. - 7
                                                         HON'BLE PIYUSH AGRAWAL, J.

                                    Heard learned counsel for the parties.

                                    Learned counsel for the applicant submits that the parties have amicably
                                    settled their dispute by way of compromise out of Court, therefore, the
                                    applicant does not want to press the present arbitration application at this
                                    stage.

                                    Learned counsel for the opposite party has no objection.

                                    Accordingly, the arbitration application is dismissed as not pressed.



                                                                                           (Piyush Agrawal,J.)
                                    May 18, 2026
                                    Rahul Dwivedi/-




Digitally signed by :-
RAHUL DWIVEDI
High Court of Judicature at Allahabad


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