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Bombay High CourtARA/22/2014dismissed

Dr. D.Y. Patil Vidhya Pratishthan Society Through It'S Trustee Dr. Dhananjay Dattajirao Patil v. Pimpri Chinchwad Municipal Corporation

2016-04-20Hon'Ble Shri Justice R.D. Dhanuka2 pages

903-ara22-14 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.22 OF 2014 WITH CIVIL APPLICATION NO.27 OF 2014 IN ARBITRATION APPEAL NO.22 OF 2014 Dr.D.Y. Patil Vidhya Pratishthan Society ...Appellant V/s.

Pimpri Chinchwad Municipal Corporation

...Respondent

Mr.Shailendra Kanetkar for the Appellant.

Mr.R.S. Apte, Senior Counsel i/b for the Respondent. CORAM : R.D. DHANUKA, J.

DATE : 20TH APRIL, 2016.

P.C. :- 1.

Learned counsel appearing for the appellant seeks liberty to withdraw this arbitration appeal with liberty to file appropriate proceedings. The arbitration appeal is dismissed as withdrawn with liberty as prayed. It is made clear that the issue as to whether the appellant is entitled to any exemption from payment of municipal taxes or not is kept open. If any proceedings are filed by the appellant other than invoking arbitration agreement, the issue of exemption of payment of municipal taxes can be considered on its own merits 1/2

903-ara22-14 without being influenced by the observations made by the learned District Judge in the impugned order, which is the subject matter of this arbitration appeal. No order as to costs. 2.

In view of dismissal of the arbitration appeal, the civil application does not survive and is accordingly dismissed. No order as to costs.

(R.D. DHANUKA, J.) 2/2