M/S Globe Civil Projects Limited vs. Union of India
Background
Globe Civil Projects Limited (decree holder) had filed a petition seeking enforcement of an arbitral award against the Union of India (judgment debtor).
Decision Breakdown
At the outset of the hearing, counsel for the decree holder sought the Court's leave to withdraw the enforcement petition, with liberty to file it again should the situation arise. The Court granted the leave and liberty sought, and the petition was dismissed as withdrawn.
Lesson Learnt
A decree holder is free to withdraw an enforcement petition at any point without prejudicing a future attempt to enforce the same award, provided the court grants liberty to re-file.