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Bombay High CourtIA/3804/2020dismissed

Devanand Sopanrao Ghule And ORS. v. Rajeev Shivnath Sonkar

2020-12-18Hon'Ble Shri Justice G.S. Patel3 pages

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION (STAMP) NO. 96056 OF 2020 Rajeev S Soankar

...Petitioner

Versus

Devanand Sopanrao Ghule & Ors

...Respondents

WITH INTERIM APPLICATION NO. 3804 OF 2020 IN ARBITRATION APPEAL (STAMP) NO. 94548 OF 2020 Devanand S Ghule & Ors ...Appellants

Versus

Rajeev S Soankar

...Respondent

Sitesh Sharma, with Vijay Upadhyay, for the Petitioner in ARP(ST)/96056/2020 and Respondent in ARP(ST)/94548/2020.

Mr Mayur Khandeparkar, i/b Chaitanya Nikte, for the Respondent in ARP(ST)/96056/2020 and Petitioner in ARP(ST)/94548/2020.

Shephali Mormare

CORAM:

G.S. PATEL, J (Through Video Conference) DATED:

PC:- by Shephali Mormare Date: 2020.12.21 10:33:02 +0530

1.

Heard through video conferencing.

2.

Mr Khandeparkar on instructions states that his clients, the Respondents in the Section 9 Petition and Appellant in the Arbitration Appeal are withdrawing the termination notice in question. The statement is noted and accepted. 3.

In view of this, Mr Sharma seeks leave to withdraw the Arbitration Petition under Section 11 of the Arbitration Act. Mr Khandeparkar seeks leave to withdraw the Arbitration Appeal and the pending Interim Application.

4.

Both matters are dismissed as withdrawn.

5.

In view of this, the interim order under Section 9 passed by the District Judge, Pune, also stands vacated.

6.

Consequently, Mr Sharma states that his client will withdraw the Special Civil Suit No. 336 of 2020 filed in the Court of Civil Judge, Senior Division at Pune. This is also accepted as an undertaking to the Court.

7.

Similarly, Mr Sharma will also withdraw the Section 9 petition filed before the District Judge, Pune. This is also accepted as an undertaking to the Court.

8.

Mr Sharma's client will make the necessary applications within a period of one week from today for leave to unconditionally withdraw

the Suit and the Section 9 petition. If that is not done by Mr Sharma's client, liberty to Mr Khandeparkar's client to place a copy of this order before the learned Civil Judge, Senior Division, Pune and the District Jude, Pune for suitable orders.

9.

There will be no orders as to costs.

10.

This order is passed in the presence on video conferencing hearing of Mr Rajeev S Soankar and Devanand S Ghule. 11.

copy of this order.

(G. S. PATEL, J)