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Supertech Ltd and Others vs. Indiabulls Housing Finance Ltd. and Anr.

Original Miscellaneous Petition (Interim, Commercial) · 2026:DHC:8169Decided 22 Sept 2026New Delhi Bench
O.M.P.(I) (COMM.) 89/2022CNR: DLHC010108182022
Justice Om Prakash Shukla

Background

Two of three petitioners (Supertech Ltd and another company) had sought interim protective measures against a housing finance lender under Section 9 of the Arbitration and Conciliation Act. At the hearing, counsel for the first two petitioners sought leave to withdraw the petition, while no one appeared on behalf of the third petitioner.

Decision Breakdown

The Court allowed the withdrawal as to Petitioners 1 and 2, and separately dismissed the petition for want of prosecution as to Petitioner 3 since no one appeared for it. The Court clarified that all petitioners remain free to pursue whatever legal remedies are available to them in law.

Lesson Learnt

A party can withdraw its own interim arbitration petition at any stage, but a co-petitioner who fails to appear risks having its own claim dismissed for non-prosecution rather than simply being carried along with the withdrawal.

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