Disposed¶7

Union of India v. Khaitan Holdings (Mauritius) Limited & Ors.

Delhi HC6 Feb 2026CS(OS)/46/2019

Case brief

AI extract

What is this about?

Delhi HC, Subramonium Prasad J, 06.02.2026, CS(OS) 46/2019 & I.A. 23169/2023 (withdrawal application I.A. 3308/2026): Union of India allowed to withdraw suit for declaration and permanent injunction against Khaitan Holdings (Mauritius) Ltd & Ors under Order XXIII Rule 1(4) CPC, after Arbitral Award of 19.09.2025 concluded D-1's BIT arbitration; liberty reserved to pursue other lawful proceedings; suit disposed of with pending applications.

What did the court decide?

Suit withdrawn by the Plaintiff/Union of India with permission and liberty to take such other steps and/or initiate such other proceedings as available to it in accordance with law; suit disposed of along with pending application(s), if any. ¶7

Union of India Vs Khaitan Holdings (Mauritius) Limited & Ors. — Delhi HC (2026) — LawSathi Research

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$~42

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 46/2019 & I.A. 23169/2023

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UNION OF INDIA .....Plaintiff

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Through: Mr. Sanjay Jain, Sr. Advocate with Mr. Piyush Joshi, Ms. Sumiti Yadava, Ms. Vatsala Bhatia, Mr. Samar Pratap, Ms. Harshita Sukhija, Advs..

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versus

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KHAITAN HOLDINGS (MAURITIUS) LIMITED & ORS.

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.....Defendants

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Through: Ms. Madhavi Agrawal, Advocate for D-1

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 06.02.2026

I.A. 3308/2026

This is an application on behalf of the Plaintiff/Union of India under Order XXIII Rule 1(4) of the CPC, praying for withdrawal of the present Suit.

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The present Suit is one for declaration and permanent injunction.

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It is stated that Defendant No.1 had instituted arbitration proceedings against the Plaintiff under the agreement between the Government of India and the Government of Mauritius for promotion and protection of investment, also referred to as a Bilateral Investment Treaty [“ BIT ”], while the Plaintiff had sought declaration and permanent injunction to prevent

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This is a digitally signed order.

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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 12/02/2026 at 13:34:59

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abuse of the BIT.

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It is stated that an Arbitral Award has been passed on 19.09.2025, thereby concluding the arbitration proceedings.

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In this view of the matter, the Plaintiff/Union of India seeks permission to withdraw the present Suit, with liberty to take such other steps and/or initiate such other proceedings as available to it in accordance with law.

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Permission and liberty, as prayed for, is granted.

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The Suit is disposed of along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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FEBRUARY 06, 2026 hsk

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This is a digitally signed order.

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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 12/02/2026 at 13:34:59

Union of India v. Khaitan Holdings (Mauritius) Limited & Ors.

Case brief

What is this about?

What did the court decide?

Union of India v. Khaitan Holdings (Mauritius) Limited & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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