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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, CJ.
Prem Kumar Kashyap - Appellant
Versus
Delmos Aviation Pvt. Ltd. & Anr. - Respondents
Arbitration Application No. 27 of 2020
Decided On : 16-12-2022
Withdrawal of Arbitration Application - Settlement of Dispute - The court dismissed the arbitration application as withdrawn due to the settlement of the dispute
Fact of the Case:
The parties settled their dispute, and the applicant sought leave to withdraw the application
Finding of the Court:
The court dismissed the arbitration application as withdrawn
Issues:
Ratio Decidendi: The settlement of the dispute led to the withdrawal of the arbitration application
Final Decision: The arbitration application was dismissed as withdrawn
JUDGMENT
Vipin Sanghi, CJ. - Counsel for the applicant, on instructions, states that the parties have settled their dispute and, therefore, he seeks leave to withdraw this application.
2. The Arbitration Application is, accordingly, dismissed as withdrawn.
Settlement of dispute leading to withdrawal of arbitration application
Dismissal of Arbitration Application as Withdrawn
The petitioner sought leave to withdraw the Writ Petition, and the court granted the request.
The court has the discretion to allow the withdrawal of a writ petition upon application by the petitioner.
The court has the discretion to allow the withdrawal of a writ petition.
The court has the discretion to dismiss an application as withdrawn if the applicant does not press the application.
The court permits withdrawal of arbitration appeal, dismissing it as withdrawn, reflecting the procedural compliance under applicable arbitration laws.
The court allowed the withdrawal of the petition with liberty to file afresh.
The right to withdraw a petition with leave to approach the arbitral tribunal is affirmed, emphasizing procedural flexibility in arbitration matters.
The court allows the withdrawal of the writ petition with liberty for the petitioner to pursue alternative remedies.
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