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Bombay High Court

THE COMMISSIONER, LATUR CITY MUNICIPAL CORPORATIONversusTHE WONDER WORLD THRU. ITS PROP. SONALI UMESH BRIJWASI

Disposal
APPLICATION ALLOWED

Holding

The Court restored the arbitration appeal to its original place and ordered it to be listed for hearing.

Summary

The Commissioner of Latur City Municipal Corporation filed a civil application seeking restoration of an arbitration appeal that had been dismissed by an order dated 17 July 2026. The respondent, Wonder World, through its proprietor, did not raise any objection to the restoration. The High Court considered the applicant's reasons for restoration and the respondent's lack of objection. The Court allowed the application in accordance with the prayer clause (B) and ordered that the arbitration appeal be restored to its original place. The restored appeal was scheduled to be listed for hearing on 2 September 2026.

Issues considered

  • What is the effect of a respondent's no objection on the restoration of a dismissed arbitration appeal?
  • Whether the civil application for restoration can be entertained despite the prior dismissal order.

Subjects

  • arbitration
  • appeal restoration
  • civil procedure
  • no objection
  • high court

Judgment

2026:BHC-AUG:34108
                                                                                   925-CA-8504-26.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 8504 OF 2026
                          IN ARBITRATION APPEAL NO. 13 OF 2024

        The Commissioner,
        Latur City Municipal Corporation, Latur                     ..APPLICANT
              VERSUS
        The Wonder World
        Through its Proprietor
        Sonali Umesh Brijwasi                                       ..RESPONDENT
                                              ....
        Mr. S.P. Urgunde, Advocate for Applicant
        Mr. S.V. Gundre, Advocate for Respondent
                                              ....
                                                     CORAM : ABHAY J. MANTRI, J.
                                                     DATE : 06th AUGUST, 2026

        PER COURT :

        1.           The Applicant moved this Application for restoration of the Appeal by

        setting aside the order dated 17th July, 2026, for which learned counsel for the

        Respondent has given no objection.


        2.           Having considered the no objection and the reasons disclosed in the

        Application, the Civil Application is allowed in terms of prayer clause (B).


        3.           Arbitration Appeal be restored to its original place and be listed on

        02nd September, 2026.



                                                              ( ABHAY J. MANTRI, J. )
        SSD

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