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Tata Capital Housing Finance Ltd. vs. Nitin Kumar Agarwal & Ors. and Sanamjoy Mukherjee

Original Miscellaneous Petition (Interim, Commercial) · 2026:DHC:7888Decided 15 Sept 2026New Delhi Bench
O.M.P.(I) (COMM.) 294/2025CNR: DLHC010510082025
Justice Om Prakash Shukla

Background

Tata Capital Housing Finance Ltd. had filed two connected petitions seeking interim protective measures against two separate borrowers, Nitin Kumar Agarwal and Sanamjoy Mukherjee, in connection with loan-related disputes.

Decision Breakdown

At the hearing, counsel for the petitioner sought leave to withdraw both petitions, with liberty to file afresh if the situation required it in future. The Court granted this leave and dismissed both petitions as withdrawn, without going into the merits of either dispute.

Lesson Learnt

A petitioner is generally free to withdraw a case with the court's permission and liberty to refile later, which is not itself evidence that the underlying claim lacks merit: it simply leaves the door open for a future, better-timed application.

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