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M/S Shree Ramji Rice Land & Anr. vs. Anuj Goyal & Anr.

Original Miscellaneous Petition (Interim, Commercial) · 2026:DHC:8216Decided 23 Sept 2026New Delhi Bench
O.M.P.(I) (COMM.) 427/2026CNR: DLHC010446932026
Justice Om Prakash Shukla

Background

M/S Shree Ramji Rice Land and another petitioner had filed an interim-relief petition against Anuj Goyal and another respondent. Respondent No. 2 disputed the very existence of an arbitration agreement between itself and the petitioners, while Respondent No. 1 informed the Court that 50% of the disputed payment (the petitioner's share) had already been deposited with the bank.

Decision Breakdown

Faced with Respondent No. 2's objection disputing the arbitration agreement, counsel for the petitioners sought leave to withdraw the petition, reserving the right to pursue an appropriate remedy before the appropriate forum. The Court granted this leave and liberty, and dismissed the petition as withdrawn.

Lesson Learnt

Where the other side disputes that a valid arbitration agreement even exists between the parties, a petitioner may choose to withdraw and pursue a different legal route rather than fight that threshold issue in the current proceeding: courts will generally permit such a withdrawal with liberty to refile elsewhere.

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