IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Lamba Construction - Appellant
Versus
Priyadarshi Progressive Educational Society - Respondent
O.M.P.(I) (COMM.) 92 of 2021, I.A. 14445 of 2021 and I.A. 14446 of 2021
Decided On : 09-11-2021
I.A. 14446/2021 (under Section 151 of CPC, 1908-for exemption)
1. Exemptions allowed, subject to all just exceptions.
2. The application stands disposed of.
I.A. 14445/2021 (for withdrawal of the petition)
3. By this application, the petitioner seeks leave to withdraw OMP (I) (COMM) 92/2021, as the dispute between the parties stand amicably resolved.
4. Accordingly, the application is allowed.
5. OMP (I) (COMM) 92/2021 is disposed of as withdrawn.
Courts prefer amicable resolutions in disputes, allowing withdrawal of petitions when parties reach settlement.
The court recognizes that disputes resolved amicably warrant the withdrawal of petitions, supporting judicial endorsement of agreed settlements.
The court recognized that once parties resolve their disputes amicably, the associated petitions can be withdrawn, rendering further adjudication unnecessary.
A litigant has the right to withdraw their petition to explore alternative legal remedies.
Applicants before administrative tribunal may seek and obtain leave to withdraw original application at any stage prior to merits adjudication, resulting in dismissal as withdrawn without costs.
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
Petitioners can withdraw petitions with liberty to seek alternative remedies, reflecting the principle of procedural flexibility.
The court affirmed that parties can withdraw legal petitions upon reaching a settlement, reinforcing party autonomy in dispute resolution.
Parties may withdraw applications under the Arbitration and Conciliation Act to resolve disputes through arbitration, subject to Arbitral Tribunal's conditions.
The court has the discretion to allow the withdrawal of a writ petition based on the applicant-petitioner's request.
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