Bombay High Court
HEMLATA MANIKCHAND CHUDIWALversusGTL INFRASTRUCTURE LIMITED (GIL) AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- ARUN R PEDNEKER
Holding
The Court held that the appeal under Section 37 was not maintainable and dismissed it as withdrawn with liberty to file appropriate proceedings.
Summary
Hemlata Manikchand Chudiwal filed an arbitration appeal against Gtl Infrastructure Limited and another party, challenging an order under the Arbitration and Conciliation Act, 1996. The appellant's counsel argued that the appeal under Section 37 of the Act was not maintainable and sought leave to withdraw the appeal while preserving the option to initiate appropriate proceedings. The Court examined the maintainability of the Section 37 appeal. Finding the appeal untenable, the Court dismissed it as withdrawn, granting the liberty sought by the appellant. Consequently, the related civil application was also ordered to stand disposed.
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 maintainability
- Civil application disposal
- Dismissal
Judgment
2026:BHC-AUG:11889
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 In view of the above, the Arbitration Appeal is dismissed as withdrawn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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