Bombay High Court
HEMLATA MANIKCHAND CHUDIWALversusGTL INFRASTRUCTURE LIMITED (GIL) AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- ARUN R PEDNEKER
Holding
The appeal is dismissed as withdrawn with liberty to file appropriate proceedings, and the pending civil application is disposed.
Summary
Hemlata Manikchand Chudiwal filed an arbitration appeal (Arbitration Appeal No. 36 of 2025) challenging an order and contended that the appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was not maintainable. The appellant sought leave to withdraw the appeal while preserving the right to initiate appropriate proceedings later. The learned counsel for the appellant argued that the statutory provision did not support the continuation of the appeal. The High Court examined the maintainability issue and, finding no merit in proceeding, allowed the withdrawal of the appeal. Consequently, the court dismissed the arbitration appeal as withdrawn and also disposed of the pending civil application (Civil Application No. 10205 of 2025).
Issues considered
- Whether an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is maintainable in the present circumstances
Legislation cited
Subjects
- Arbitration
- Section 37
- Appeal withdrawal
- Civil application disposal
- High Court
Judgment
2026:BHC-AUG:11888
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD
967 ARBITRATION APPEAL NO. 36 OF 2025
Hemlata Manikchand Chudiwal
VERSUS
Gtl Infrastructure Limited (gil) And Another
...
Advocate for Appellant : Mr. Patodi Rajat Vijaykumar
Advocate for Respondents No.1 and 2 : Mr. Arun v. Rakh
...
WITH
CIVIL APPLICATION NO. 10205 OF 2025
IN ARBA/36/2025
...
CORAM : ARUN R. PEDNEKER, J.
Dated : March 18, 2026
PER COURT :
1. The learned Counsel for the appellant submits that against the
impugned order, an appeal under Section 37 of the Arbitration and
Conciliation Act, 1996 is not maintainable. He, therefore, seeks leave to
withdraw the present Arbitration Appeal with liberty to file appropriate
proceedings.
2. In view of the above, the Arbitration Appeal is dismissed as withdrawn
with liberty as prayed for. The pending Civil Application also stands disposed
of.
( ARUN R. PEDNEKER, J. )
vj gawade/-.
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