M/S Choice Thr. Its Partner Atul Mahadeo Bhagat And ANR. v. M/S Gagan Ace Developers, And ORS.

by JITENDRA SHANKAR NIJASURE Date: 2022.06.14 14:45:09 +0530 JITENDRA SHANKAR NIJASURE 24-ia-965-2022.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.965 OF 2022 IN ARBITRATION APPEAL NO.4 OF 2022 M/s. Choice and Anr.

...Applicants/ Appellants

Versus

M/s. Gagan Ace Developers & Ors.

...Respondents

---------- Sandesh R. Shukla with Amit Singh for Applicants / Appellants. Prathamesh Bhargude with Sumit Sonare for the Respondents. ---------- CORAM : R.I. CHAGLA J DATE : 10TH JUNE, 2022 ORDER :

1.

Matter called out of turn at 4.30 p.m.

2.

The learned Counsel for the Applicants / Appellants seeks leave to withdraw the Arbitration Appeal on the ground that objection had been taken by the Respondents as to maintainability of the Arbitration Appeal before this Court.

3.

In view thereof, the Arbitration Appeal is disposed of as 1/2

24-ia-965-2022.doc withdrawn with liberty to the Petitioner to file Arbitration appeal before the appropriate Court.

4.

In view of withdrawal of the Arbitration Appeal, all pending Interim Applications are do not survive and are disposed of as infructuous.

5.

All contentions of the parties are kept open. [R.I. CHAGLA J.] 2/2