Shri. Vijaykumar Sarveshwar Kaliga And ORS. v. Shri. Sudhir Govind Gokhale And Shri.Kedar Sudhir Gokhale And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.2 OF 2015 Shri Vijaykumar Sarveshwar Kalig & Ors.

..... Appellants V/s Shri Sudhir Govind Gokhale & Ors.

..... Respondents WITH CIVIL APPLICATION NO.3 OF 2015 IN ARBITRATION APPEAL NO.2 OF 2015 Shri Vijaykumar Sarveshwar Kalig & Ors.

..... Applicants In the matter between:

Shri Vijaykumar Sarveshwar Kalig & Ors.

..... Appellants V/s Shri Sudhir Govind Gokhale & Ors.

..... Respondents Mr. Kedar Wagle i/b Mr. Mahesh G. Chavan for Appellants/Applicants. Mr. Roshan Tanne for Respondent Nos.1 to 4.

Mr. Amogh Karandikar i/b M/s. Khandeparkar & Associates for Respondent Nos.5 to 7.

CORAM : A.A. SAYED, J.

DATED : 5 FEBRUARY 2015 P.C.

It is an admitted position that the impugned order of the District Court allowing the Application by the Respondent Nos.1 to 4 for the impleadment of the Appellants was passed without hearing the Appellants. In the circumstances, the learned Counsel for the parties are agreed to the following order being passed:

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k 2/2 904 ara 2.15 as .doc The impugned order is set aside and the Application of the Respondent Nos.1 to 4 shall stand revived. The District Court shall decide the Application afresh after hearing the Appellants also.

The Appeal is disposed of in the aforesaid terms. In view of the disposal of the above Arbitration Appeal, the Civil Application No.3 of 2015 does not survive and it stands disposed of. (A.A. SAYED, J.) katkam 2/2