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.
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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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