Bombay High Court
MR.AJIT PATHARE AND 2 ORSversusM/S. AAWAS BUILDERS AND 3 ORS
- Decided
- Disposal
- WITHDRAWN
Holding
The appeal is dismissed as withdrawn.
Summary
The appellants filed an appeal in an arbitration petition and later communicated that the dispute had been settled between the parties. Their counsel, Mr. Raj Nagre, submitted a copy of the settlement communication dated 16 December 2025 and requested permission to withdraw the appeal. The Court considered the request and, finding no objection, allowed the withdrawal. Consequently, the appeal was dismissed as withdrawn. No substantive merits of the original arbitration were examined.
Issues considered
- Whether an appeal can be withdrawn after filing when the parties have settled the dispute
Subjects
- Arbitration
- Appeal withdrawal
- Settlement
- Civil Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.554 OF 2015
IN
ARBITRATION PETITION NO.163 OF 2012
Ajit Pathare and Ors. .. Appellants
Vs.
Aawas Builders and Ors. .. Respondents
Mr. Raj Nagre, Advocate for the Appellants.
Mr. N.R. Gandhi, Advocate for the Respondents.
CORAM : SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE : 8TH JANUARY 2026.
P.C. :
Mr. Raj Nagre, the learned counsel for the appellants tenders
a copy of the communication dated 16 th December 2025 received
from the appellants, which is taken on record. In view of the said
communication to him stating that the matter has been settled
between the parties, Mr. Nagre, the learned counsel for the
appellants seeks permission to withdraw this Appeal.
2. Appeal No.554 of 2015 is dismissed as withdrawn.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]
Digitally
signed by
SNEHA SNEHA 1/1
ABHAY DIXIT
ABHAY Date: 901-APP-554-2015.doc Dixit
DIXIT 11:28:01
2026.01.09
+0530
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