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1922 DAILYLAW 3 (DEL)

KOTAK MAHINDRA PRIME LIMITED v. SHUBHAM KUMAR MISHRA & ANR.

ARB.P./1922/2025 · 2026-03-02

Mini Pushkarna

body1922

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1922/2025 KOTAK MAHINDRA PRIME LIMITED .....Petitioner Through: Mr. Ajay Uppal, Advocate versus SHUBHAM KUMAR MISHRA & ANR. .....Respondents Through: None. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA 1. None appears for the respondents despite service. O R D E R % 28.03.2026 2. Learned counsel appearing for the petitioner draws the attention of this Court to the Office Noting, wherein, it is clearly shown that both the respondents refused to receive the notice issued by this Court by way of Speed Post. 3. Accordingly, the respondents stand served and this Court is proceeding to hear the matter on merits. 4. Learned counsel appearing for the petitioner relies upon Schedule-I of the Agreement, wherein, there is a stamp showing place of arbitration, as Delhi. However, this Court notes that place of execution of Agreement is Allahabad. Further, the respondents are also based at Allahabad. 5. Clearly, place of arbitration refers to only the venue of arbitration. However, it cannot be considered to be the seat for Arbitration. 6. At this stage, learned counsel appearing for the petitioner submits that he may be allowed to withdraw the present petition. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:44:45 7. Accordingly, the present petition is dismissed as withdrawn, with liberty to the petitioner to file appropriate proceedings, in Court of jurisdiction. MINI PUSHKARNA, J MARCH 28, 2026/SK This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/03/2026 at 16:44:45