Bombay High Court

OSMANABAD JANTA SAHKARI BANK LTDversusSUMIT ASHOKKUMAR BHARADIYA

Disposal: Withdrawn

Holding

The appeal is disposed of as withdrawn.

Summary

The appellant, Osmanabad Janta Sahkari Bank Ltd, and the respondents, a borrower and guarantor, reached an out‑of‑court settlement of their dispute. They filed a compromise petition before the Principal District Judge, Beed, in Arbitration Darkhast No. 223 of 2026, which was accepted and led to the dismissal of the execution petition on 3 July 2026. Following this settlement, the bank’s counsel moved before the High Court to withdraw the pending arbitration appeal (Arbitration Appeal No. 91 of 2026). The Court considered whether the appeal could be withdrawn after the parties had settled the underlying dispute. The Court allowed the withdrawal and ordered the appeal to be disposed of as withdrawn, directing that the court fee be refunded to the appellant. No substantive merits of the arbitration were examined as the matter was settled by the parties.

Issues considered

Whether an arbitration appeal can be withdrawn after the parties have reached an out‑of‑court settlement and obtained a compromise order?

Subjects

Arbitration
Appeal withdrawal
Compromise petition
Settlement
Court fee refund
Execution petition

Judgment

2026:BHC-AUG:41548

                          IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                     BENCH AT AURANGABAD

                            960 ARBITRATION APPEAL NO. 91 OF 2026

                                 Osmanabad Janta Sahkari Bank Ltd
                                               VERSUS
                                    Sumit Ashokkumar Bharadiya
                                                  ...
                            Advocate for Appellant : Mr. Sushant Choudhari
                                                  ...
                                   CORAM : ROHIT W. JOSHI, J.
                                    Dated     : September 09, 2026

           PER COURT :-

           1.       It appears from the pursis dated 27/07/2026 that the appellant-

           Bank and the respondents-borrower and guarantor have arrived at an

           out-of-court settlement of the dispute. Along with the said pursis, the

           compromise pursis tendered before the Court of the learned Principal

           District Judge, Beed, in Arbitration Darkhast No. 223 of 2026, and the

           order dated 03/07/2026 accepting the same and consequently

           dismissing the execution petition, are also filed on record.



           2.       In view of the above, learned Advocate for the appellant-Bank

           makes a motion to withdraw the arbitration appeal.



           3.       The arbitration appeal is disposed of as withdrawn. Court fee be

           refunded to the appellant in accordance with law.



                                                              ( ROHIT W. JOSHI, J. )



           vj gawade/-.


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