M/S. Lasa v. Harilal Savji Patel (Huf) And 5 ORS.

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202. APP 21-07.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.21 OF 2007 IN ARBITRATION PETITION NO.469 OF 2006 M/s Lasa .. Appellant

Versus

Harilal Savji Patel (HUF) And Others .. Respondents Mr. Mehul Shah i/b Rajesh Singh for the Appellant. Mr. Bharat Joshi i/b Suman Jain for Respondent Nos.2 to 5. CORAM : ANOOP V. MOHTA & A .A.SAYED, JJ.

21 MARCH 2016.

ORDER :

.

Taken out from final hearing.

Heard.

The learned Counsel appearing for the Appellant on instructions seeks to withdraw the present appeal, as in view of the subsequent developments, the Arbitration itself is terminated and Court Receiver also stand discharged. Therefore, as the appeal is against the order passed by the Learned Judge under Section 9 of the Arbitration and Conciliation Act, 1996, we are permitting the Appellant to withdraw the appeal. It is

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202. APP 21-07.doc made clear that observations, even if any made for deciding Application under Section 9, those are prima facie observations Therefore, those observations will not stand to agitate such issue, if the Appellant wants to pursue in any other forum. Appeal is, therefore, disposed of as withdrawn with liberty. No costs.

(A.A. Sayed, J.) (Anoop V. Mohta, J.)