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Bombay High Court

AJIT PATHARE AND 2 ORS.versusAAWAS 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WITHDRAWN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The appeal is dismissed as withdrawn.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, sought the court's 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 Consequently, the appeal was dismissed as withdrawn.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  • Whether an appeal filed in an arbitration petition can be withdrawn after the parties have settled the dispute

Subjects

  • Arbitration
  • Appeal Withdrawal
  • Civil Procedure
  • Settlement

Judgment

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION

                                         APPEAL NO.555 OF 2015
                                                   IN
                                   ARBITRATION PETITION NO.192 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     Appeal No.555 of 2015 is dismissed as withdrawn.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-555-2015.doc                                               Dixit
DIXIT 11:28:01
      2026.01.09
          +0530


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