2025:UHC:9513-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (M/B) No. 835 of 2025 29th October, 2025 M/s Brindavan Enterprises Pvt. Ltd. ---Petitioner Versus State of Uttarakhand & Others ---Respondents -------------------------------------------------------------- Presence:- Mr. Neeraj Garg, learned counsel for the petitioner Ms. Yogesh Tiwari, learned Standing Counsel with Ms. Rajni Supyal, learned Brief Holder for the State. Mr. Vinay Garg, learned Senior Counsel (through V.C.) assisted by Mr. Vipul Sharma, learned counsel for respondent nos.2 to 4 -------------------------------------------------------------- JUDGMENT : (per Sri G. Narendar, C.J.) 1. IA No.2/2025 is preferred by the petitioner praying leave of the Court to withdraw the writ petition with liberty to avail the alternative remedy of arbitration as contained in the lease deeds. 2. The respondents have no objection to the withdrawal of the writ petition. 3. Accordingly, IA No.2/2025 is allowed. Writ petition is dismissed as withdrawn with liberty to the petitioner to avail the alternative remedy of arbitration 1 2025:UHC:9513-DB as concluded under the lease deeds. It is made clear that the objection to the arbitrability of the issues/disputes is left open and the respondents are at liberty to raise their objections to the arbitrability of the dispute before the appropriate forum. (G. NARENDAR, C. J.) (SUBHASH UPADHYAY, J.) Dated: 29.10.2025 R/SS 2