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Bombay High Court

MR. BABAN SAKHARAM BANE (DELETED) MR. NANDKUMAR BABAN BANE AND ORS.versusM/S. KANTI ENGINEERING WORKS

Decided
Disposal
Disposed Off

Holding

The court allowed the withdrawal of the appeal and dismissed it as withdrawn.

Summary

The appellants, Baban Sakharam Bane & Ors., filed a first appeal against M/s. Kranti Engineering Works. Subsequent to the filing, the appellants applied for leave to withdraw the appeal, stating that the parties had reached an amicable settlement. The sole issue before the court was whether the appeal could be withdrawn at that stage. The court, after considering the application, permitted the withdrawal and dismissed the appeal as withdrawn. Consequently, the related civil application was also dismissed.

Issues considered

  • Whether the court may permit withdrawal of a pending appeal upon the parties' amicable settlement?

Subjects

  • withdrawal of appeal
  • amicable settlement
  • civil appellate jurisdiction
  • dismissal of appeal
  • civil application

Judgment

                                                                               502.517.21-FA.DOC



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                        FIRST APPEAL NO.517 OF 2021

                      Baban Sakharam Bane & Ors.                            … Appellants

                      Vs.

                      M/s. Kranti Engineering Works                         … Respondent

                                                  WITH
                                   INTERIM APPLICATION NO. 2606 OF 2020

                                                        __
                      Ms. Suvarna B. Telgole for the Appellants
         Digitally
         signed by
         BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL         Mr. Kirit Hakkani a/w. Niyati Markand and Meetali Pandya for
PATIL    Date:
         2026.09.28
         17:59:36
                      the Respondent
         +0530
                                                         __
                                              CORAM       :     ARIF S. DOCTOR, J.
                                              DATE        :     24th SEPTEMBER 2026
                      P.C.

                      1.     The learned counsel for the Appellant seeks leave to withdraw

                      the First Appeal since it is reported that the parties have arrived at

                      amicable resolution of dispute.

                      2.     The First Appeal is, therefore, dismissed as withdrawn.

                      3.     Consequently, the Civil Application stands dismissed.




                                                                  [ARIF S. DOCTOR, J.]




                      Basavraj                                                              Page|1


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