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Saya Cementation Limited vs. ITD Cementation India Limited

Original Miscellaneous Petition (Commercial) · CNR No. DLHC010585372023Decided 21 Sept 2026New Delhi Bench
O.M.P. (COMM) 23/2024CNR: DLHC010585372023
Justice Om Prakash Shukla

Background

The petitioner had filed a commercial arbitration petition challenging an arbitral award in its dispute with the respondent, a fellow construction/cementation company.

Decision Breakdown

At the hearing, the petitioner's counsel, on instructions, sought leave to withdraw the petition. The Court granted this and dismissed the petition as withdrawn, without any adjudication on the merits of the underlying arbitral dispute.

Lesson Learnt

Parties to commercial arbitration disputes may withdraw their court challenge at any stage (for reasons of their own, such as settlement or reassessment of the case), and such a withdrawal leaves the underlying arbitral award undisturbed.

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