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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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