Union Of India v. Khaitan Holdings (Mauritius) Limited & ORS.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 46/2019 & I.A. 23169/2023 UNION OF INDIA .....Plaintiff Through:

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

versus KHAITAN HOLDINGS (MAURITIUS) LIMITED & ORS.

.....Defendants Through:

Ms. Madhavi Agrawal, Advocate for D-1

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 06.02.2026 I.A. 3308/2026 1.

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.

2.

The present Suit is one for declaration and permanent injunction. 3.

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 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

abuse of the BIT.

4.

It is stated that an Arbitral Award has been passed on 19.09.2025, thereby concluding the arbitration proceedings. 5.

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.

6.

Permission and liberty, as prayed for, is granted. 7.

The Suit is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J FEBRUARY 06, 2026 hsk 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