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Bombay High Court

ASHOK VITTHAL MANDALEversusTHE UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (SURFACE), NEW DELHI AND ORS.

Decided
Disposal
Disposed Off

Holding

Leave to withdraw the arbitration appeal was not granted and the application was dismissed as withdrawn.

Summary

The appellant filed Arbitration Appeal No. 6 of 2024 before the Bombay High Court and subsequently sought leave to withdraw the appeal. The court considered the request to withdraw at a relatively advanced stage of the proceedings. It held that the appellant's request could not be entertained and dismissed the application as withdrawn. Consequently, the appeal stands dismissed. No substantive merits of the underlying dispute were addressed.

Issues considered

  • Whether leave to withdraw an arbitration appeal can be granted at the stage at which the application was filed

Subjects

  • Arbitration
  • Withdrawal of appeal
  • Civil appellate jurisdiction
  • High Court of Bombay

Judgment

                                       1/1            37 & 52-ARA-6-2024 (C).DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION


                   (37) ARBITRATION APPEAL NO. 6 OF 2024


Ashok Vitthal Mandale                                       ...Appellant
        Versus
The Union Of India, Ministry Of Road Transport
And Highways (surface), New Delhi And Ors.                  ...Respondents
                                      AND
                 (52) INTERIM APPLICATION NO. 10232 OF 2024
                                       IN
                 ARBITRATION APPEAL (ST) NO. 21272 OF 2023


Madhav Bandu Pawar                                          ...Appellant
        Versus
Competent Authority National Highway Authority Of India
And Dy. Collector India                                     ...Respondents
                                    _______
Mr. Vivek Punjabi a/w Mr. Sahil Panjwani & Mr. Ritik Gupta for the Appellant.
Mr. Sambhaji Kharatmol, Mr. Suhas Urgunde for the Respondent No.2-NHAI.
Ms. Rashmi S. Tendulkar AGP for Respondent Nos. 3 and 4.
                                    _______
                           CORAM        :     ARIF S. DOCTOR, J.
                           DATE         :     22nd JUNE, 2026


P.C.


1.      Learned counsel for the Appellant seeks leave to withdraw the captioned

Appeal, the same is thus dismissed as withdrawn.




                                                 [ARIF S. DOCTOR, J.]




Areeb


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