Bombay High Court
EDELWEISS FINANCIAL SERVICES LIMITEDversusMULTI COMMODITY EXCHANGE LIMITED
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court held that the appellant may withdraw the appeal with liberty to file appropriate proceedings.
Summary
The appellant, Edelweiss Financial Services Ltd., filed an appeal against an order dated 2026 and subsequently sought leave to withdraw the appeal, requesting liberty to initiate appropriate proceedings thereafter. The appellant's counsel, comprising Mr. Akash Rebello and colleagues, argued for the withdrawal, while Respondent No.2, represented by Mr. Rahol Sarda and team, opposed the request. The Court examined whether the leave to withdraw could be granted despite the opposition. Finding no substantive impediment, the Court allowed the withdrawal of the appeal with liberty to file suitable proceedings. No costs were awarded against either party. The order was signed by Justice Aarti Sathe on 8 September 2026.
Issues considered
- Whether the appellant is entitled to withdraw the appeal from the order with liberty to file appropriate proceedings despite opposition from a respondent.
Subjects
- withdrawal of appeal
- civil appellate jurisdiction
- liberty to file proceedings
- costs
- court order
Judgment
901.AO.663.2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.663 OF 2026
WITH
INTERIM APPLICATION NO.5138 OF 2026
Edelweiss Financial Services Limited Appellant
versus
Multi Commodity Exchange Limited Respondent
_______
Mr.Akash Rebello with Mr.Nadeem Shama, Ms.Sukun K.S.Chandale, Ms.Shubhi
Mehta and Ms.Shreya Basu for Appellant.
Mr.Sumit Yadav i/by M/s.The Law Point for Respondent no.1.
Mr.Rahol Sarda with Mr.Mantul Bajpai and Ms.Kashvi Obhem i/by Crawford
Bayley & Co. for Respondent no.2.
_______
CORAM : AARTI SATHE, J.
DATE : 8th September 2026
P.C.
1. Heard learned counsel for the parties for some time. As fairly
submitted by the learned counsel for the Appellant, he seeks leave to withdraw
present Appeal from Order with liberty to file appropriate proceedings.
2. Accordingly the Appeal from Order is allowed to be withdrawn with
liberty as prayed for. No costs.
3. Though learned counsel for Respondent no.2 has vehemently opposed
the leave to withdraw, the leave is granted and Appeal from Order is allowed to be
withdrawn with liberty to file appropriate proceedings.
Digitally signed by
MANISH MANISH
SURESHRAO
SURESHRAO THATTE
THATTE Date: 2026.09.08
17:38:23 +0530
(AARTI SATHE, J.)
M.S.Thatte
Checking your session…