Mr. Arvind Harish Mittal v. Uti Infrastructure And Services Limited And ORS.

901-fa625-20.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL Date: 2023.10.13 11:52:12 +0530 VASANT ANANDRAO IDHOL FIRST APPEAL NO.625 OF 2020 WITH INTERIM APPLICATION NO.13823 OF 2023 Arvind H. Mittal ...Appellant V/s.

UTI infrastructure & Services Limited & Ors.

...Respondents

Mr.Bahraiz Irani with Mr.Afrin Dalal for the Appellant. Mr.Samkit Jain i/b P & A Law Office for Respondent Nos.1 and 2. Mr.Siddhesh Pilankar for Respondent No.4.

Mr.Arvind H. Mittal - Appellant present in person. CORAM : RAJESH S. PATIL, J.

DATE : 11TH OCTOBER , 2023.

P.C. :- 1.

Mr.Irani, Advocate appearing for the Appellant on instructions from his client, who is present in court, seeks liberty to withdraw this First Appeal.

2.

Mr.Irani however, states that an unconditional undertaking on behalf of the Petitioner is filed in Writ Petition No.1594 of 2023. As per that undertaking in the said Writ Petition, it was also agreed that the Petitioner will hand over possession to UTI and will also withdraw 1/2

901-fa625-20.doc the present First Appeal.

3.

Mr.Irani further states that the Court Receiver, who was earlier appointed in Writ Petition No.1997 of 2007 has been discharged on 10 April 2023.

4.

Mr.Pilankar, advocate appearing for Respondent No.4, according to him Respondent No.4 is the successful bidder, seeks liberty to take out appropriate proceedings against UTI. Mr.Irani, advocate for the Appellant and Mr.Jain, advocate for Respondent No.4 jointly state that Writ Petition No.1997 of 2007 has already been filed by Respondent No.4 and the same is pending for hearing and final disposal before this Court.

5.

In view of above, the First Appeal is disposed of as withdrawn. In view of disposal of the First Appeal, Interim Application No.13823 of 2023 does not survive and is also accordingly disposed of.

(RAJESH S. PATIL, J.) 2/2