Ashok Kumar Verma and Another Vs Shri Sunil Kumar Batra and 3 Others — Allahabad HC (2025) — LawSathi Research

Ashok Kumar Verma and Another Vs Shri Sunil Kumar Batra and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed as not pressed, with liberty to the applicants to avail such remedy as may be available to them in law.

Issue for consideration

Whether the reciprocal obligations contained in the compromise were fulfilled by the opposite parties: the applicants asserted non-fulfilment, while the opposite parties' counsel disputed this and maintained the compromise had been faithfully acted upon (point left unresolved, the applicants choosing not to press). +1 more

Ratio / Principle

The Court accepted the applicants' counsel's final submission that he did not wish to press the present petition, granting liberty to avail the remedy as may be available to him in law.

Key takeaways

The present application is dismissed as not pressed, with the aforesaid liberty.ratio¶19

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH), Court No. 7 (Hon'ble Jaspreet Singh, J.) — Civil Misc. Arbitration Application No. 53 of 2024 (also styled ARBT No. 53 of 2024): Ashok Kumar Verma and another (applicants) versus Shri Sunil Kumar Batra and 3 others (opposite parties). The applicants had filed a petition under Section 11(6) of the Act of 1996 while the parties were engaged in civil litigation arising out of a partnership firm. During the pendency of the petition, the parties entered into a compromise and the suit was decided in terms thereof on 06.05.2025. The applicants then applied to withdraw the Section 11(6) proceedings; subsequently, alleging that several reciprocal obligations contained in the compromise were not fulfilled by the opposite parties (a contention disputed by the opposite parties' counsel, who maintained the compromise was faithfully acted upon), they moved a further application to not press the withdrawal application. Ultimately, counsel for the applicants submitted that he did not wish to press the present petition and sought liberty to avail whatever remedy may be available in law. On September 2, 2025, the Court dismissed the application as not pressed, granting that liberty.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CIVIL MISC. ARBITRATION APPLICATION No. - 53 of 2024

Ashok Kumar Verma And Another

.....Applicant(s)

Versus

Shri Sunil Kumar Batra And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s) : Vishwakant Srivastava, Rakesh Kumar Verma Counsel for Opposite Party(s) : Mohd.Altaf Mansoor, Pallavi Singh, Sumit Mishra, Tanay Chaudhary

Court No. - 7

HON'BLE JASPREET SINGH, J.

Heard learned counsel for the applicants and Mohd. Altaf Mansoor, learned counsel for the opposite parties.

Learned counsel for the applicants submits that prior to filing of the petition under Section 11(6) of the Act of 1996, the parties were engaged in a civil litigation arising out of the partnership firm, before the competent Court. During the pendency of the instant petition, the parties entered into a compromise and the suit came to be decided in terms of the said compromise on 06.05.2025.

It is on the aforesaid premise that the petitioners have moved an application before this Court seeking to withdraw the proceedings under Section 11(6) of the Act of 1996, however, as per the applicants, several reciprocal obligations contained in the compromise were not fulfilled by the opposite parties, hence, another application was moved by the applicants to not press the application for withdrawal of proceedings under Section 11(6) of the Act of 1996.

This aspect is disputed by Mohd. Altaf Mansoor, learned counsel for the opposite parties and he says that the compromise has been faithfully acted upon.

At this stage, learned counsel for the applicants submits that he does

ARBT No. 53 of 2024

2

not wish to press the present petition and he may be granted the liberty of availing the remedy as may be available to him in law.

Accordingly, the present application is hereby dismissed as not pressed with the aforesaid liberty.

(Jaspreet Singh,J.)

September 2, 2025

V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench