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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Allowed To be withdrawn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


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