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Kanwar Dalip Singh Baweja & Anr. vs. Kotak Mahindra Bank Ltd. & Anr.

Original Miscellaneous Petition (Commercial) · 2026:DHC:7986Decided 17 Sept 2026New Delhi Bench
O.M.P. (COMM) 205/2017CNR: DLHC010052552017
Justice Om Prakash Shukla

Background

Kanwar Dalip Singh Baweja and another petitioner had filed a petition challenging an arbitral matter against Kotak Mahindra Bank. By the time of hearing, the parties had reached and signed a settlement, and the petitioner's counsel sought to withdraw the petition, reserving the right to revive it if the settlement terms were not honoured.

Decision Breakdown

The Court granted leave and liberty as sought and dismissed the petition as withdrawn, on the basis that the matter stood settled between the parties, with the option to file afresh if the settlement broke down.

Lesson Learnt

Commercial disputes pending in court can be resolved by private settlement at any stage, with the court preserving a party's right to come back to litigation only if the other side later reneges on the settlement.

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