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Bombay High Court

VISHWANATH EKNATH TAPKIRversusDILIP SHANKAR MALVADKAR

Decided
Disposal
Allowed

Holding

The court allowed the amendment application.

Summary

The petitioners filed an interim application seeking amendment of Arbitration Appeal No. 53 of 2023, which was still at the pre‑admission stage. The respondents opposed the amendment, filing a detailed affidavit. The court examined the application and noted that the appeal had not yet been admitted. Considering the stage of the proceedings, the judges were inclined to permit the amendment. Consequently, the application was allowed in accordance with the prayer clauses. The order was signed by Justices A.S. Gadkari and Kamal Khata.

Issues considered

  • Whether an amendment to an arbitration appeal can be permitted at the pre‑admission stage despite opposition

Subjects

  • Arbitration
  • Appeal
  • Amendment
  • Pre‑admission stage
  • Interim application

Judgment

                    KSG                                                     02-IA-8824-2025.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO. 8824 OF 2025
                                                          IN
                                         ARBITRATION APPEAL NO. 53 OF 2023
                    Vishwanath Eknath Tapkir                               …Applicant
                             V/s.
                    Dilip Shankar Malvadkar                                …Respondent
                                                         AND
                                       INTERIM APPLICATION NO. 17835 OF 2023
                                                          IN
                                         ARBITRATION APPEAL NO. 53 OF 2023
                                                         AND
                                         ARBITRATION APPEAL NO. 53 OF 2023
                                       _______________________________________

                    Mr. Shrikirshna Ganbwale a/w Mr. Sanket S. Bora, Adv. Vidhi Punamiya i/b
        Digitally
        signed by
        KIRAN
                    SPCM Legal for the Petitioner/Applicant.
KIRAN SANJAY
SANJAY GHUGE
GHUGE Date:
       2026.04.23
        15:47:48
        +0530
                    Mr. Yuvraj Narvankar a/w Ms. Raufa Shaikh, for the Respondent.
                                       _______________________________________

                                               CORAM : A. S. GADKARI AND
                                                       KAMAL KHATA, JJ.
                                               DATE  : 18th APRIL 2026
                    P.C. :
                    1)              This is an Application for amendment in the Appeal. Record

                    indicates that, the Appeal is at preadmission stage.

                    2)              Advocate Ms. Shaikh, vehemently opposed the application and

                    submitted that, Mr. Malvankar, the Respondent herein has filed           detailed

                    Affidavit opposing the Application and same may be considered.

                                                                                                  1/2
KSG                                                      02-IA-8824-2025.doc



3)          For the reasons stated in the application and in view of the fact

that, the Appeal is at preadmission stage, we are inclined to allow the

Application and it is accordingly allowed in terms of prayer clauses (B) and

(C).



         ( KAMAL KHATA, J. )                   ( A.S. GADKARI, J. )




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