Bombay High Court
VIJAY KASHINATH TANDEL AND ANR.versusNEENAD NANDKUMAR HAJARE
- Decided
- Disposal
- Disposed Off
Holding
Leave was granted to withdraw the present application and to file a fresh application under Section 17 of the Arbitration and Conciliation Act, 1996.
Summary
In an arbitration appeal, Vijay Kashinath Tandel and another (the appellants) sought to withdraw their pending application before the High Court of Bombay. They requested liberty to file a fresh application under Section 17 of the Arbitration and Conciliation Act, 1996, seeking a direction that the amount secured by a bank guarantee be paid to the applicant. The respondent, Neenad Nandkumar Hajare, opposed the request. The Court examined whether the appellants could be permitted to withdraw the existing application and pursue relief under the statutory provision. After hearing counsel, the Court granted leave to withdraw the present application and allowed the filing of a new application under Section 17. The Court further directed that any such application before the arbitral tribunal will be decided on its own merits.
Issues considered
- Whether the appellants may be granted leave to withdraw the present application and file a fresh application under Section 17 of the Arbitration and Conciliation Act, 1996.
Legislation cited
Subjects
- Arbitration
- Section 17
- Bank Guarantee
- Leave to withdraw
- High Court of Bombay
Judgment
1/1 23-ARA-7-2026 (C).DOC
Digitally
signed by
MOHAMMAD IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHAMMAD AREEB
AREEB MOHD
MOHD
AKBAR
AKBAR
Date: CIVIL APPELLATE JURISDICTION
2026.09.07
10:56:20
+0530
ARBITRATION APPEAL NO. 7 OF 2026
Vijay Kashinath Tandel & Anr. ...Appellants
Versus
Neenad Nandkumar Hajare ...Respondent
_______
Mr. Mahesh Vishwakarma I/B Ms. Megha Jain for the Appellants.
Mr. Sumet V. Khaire for Respondent.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 3rd SEPTEMBER, 2026
P.C.
1. After arguing the matter at some length, learned Counsel for the
Appellants seeks leave to withdraw the present Application, with liberty to file
an appropriate Application under Section 17 of the Arbitration and Conciliation
Act, 1996, seeking a direction that the amount for which the Bank Guarantee
was to be furnished be paid over to the Applicant. Leave is granted.
2. In the event such an Application is made before the Arbitral Tribunal, the
same shall be considered on its own merits.
[ARIF S. DOCTOR, J.]
Areeb
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