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DELHI HIGH COURT
C.HARI SHANKAR
Era-Patei-Advance (JV) – Appellant
Versus
Rail Vikas Nigam Limited – Respondent
| Table of Content |
|---|
| 1. confirmation of withdrawal request. (Para 1 , 2) |
| 2. petition disposed as withdrawn. (Para 3) |
C. Hari Shankar, J.
O.M.P. (COMM) 212/2021, I.A. 9282/2021, I.A. 9283/2021 (Section 151 CPC for exemption), I.A. 9284/2021 (Section 151 CPC for delay in refiling), I.A. 9285/2021 (Section 151 CPC for exemption) and I.A. 13729/2021 (for taking on record settlement)
1. Mr. Suhail Sehgal, learned counsel for the petitioner seeks on instructions to withdraw the petition as the disputes between the parties stand amicably resolved. He has, however, invited my attention to the communication dated 10th September, 2021 from the respondent to the petitioner, forming document A2 to IA 13729/2021. The said communication calls upon the petitioner to withdraw OMP (COMM) 167/2021. He submits that this was a typographical error and that the request of the respondent to the petitioner was to withdraw the present OMP (COMM), i.e. OMP (COMM) 212/2021.
2. Mr. J.K. Singh, learned counsel for the respondent, confirms this position.
3. As the disputes between the parties stand amicably resolved, nothing survives for adjudication in this petition. Accordingly, the petition is di
The court recognized that once parties resolve their disputes amicably, the associated petitions can be withdrawn, rendering further adjudication unnecessary.
The court recognizes that disputes resolved amicably warrant the withdrawal of petitions, supporting judicial endorsement of agreed settlements.
Courts prefer amicable resolutions in disputes, allowing withdrawal of petitions when parties reach settlement.
A litigant has the right to withdraw their petition to explore alternative legal remedies.
The court affirmed that parties can withdraw legal petitions upon reaching a settlement, reinforcing party autonomy in dispute resolution.
Amicable settlement allows withdrawal of suit and extinguishment of claims upon mutual agreement between parties.
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
A petition can be withdrawn without further orders if the parties have settled their matter amicably.
The court recognized the binding nature of the settlement agreement between the parties and dismissed the petition as the dispute was resolved.
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