National Skill Development Corporation vs. New Horizon Skill Development Limited & Anr.
Background
National Skill Development Corporation had filed a petition to enforce an arbitral award against New Horizon Skill Development Limited and another judgment debtor.
Decision Breakdown
At the outset, the decree holder's counsel sought leave to withdraw the petition, with liberty to file it again as and when the situation warranted, without specifying a particular defect. The Court granted the leave and liberty sought and dismissed the petition as withdrawn on those terms.
Lesson Learnt
Decree holders retain the flexibility to withdraw an enforcement petition and refile later without losing their underlying right to enforce the award, provided the court grants such liberty at the time of withdrawal.