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Mrs Anju Sharma & Anr. vs. M/s Imperia Structures Limited

Arbitration Petition · 2026:DHC:7925Decided 16 Sept 2026New Delhi Bench
ARB.P. 1660/2026CNR: DLHC010437502026
Justice Om Prakash Shukla

Background

The petitioners had filed for appointment of an arbitrator in a dispute with a real estate developer, but at the hearing decided that a different forum was more appropriate for their claim (the judgment does not elaborate further, as the respondent did not appear).

Decision Breakdown

Counsel for the petitioners sought leave to withdraw the petition, with liberty to file the same claim before the appropriate court instead. The Court granted the leave and liberty sought and dismissed the petition as withdrawn, disposing of any pending applications as well.

Lesson Learnt

Homebuyers and similar petitioners are not locked into arbitration if, on reflection, a different forum (such as a consumer or real estate regulatory forum) is the more suitable venue for their dispute: courts will readily permit withdrawal with liberty to refile elsewhere.

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