Starwing Developers Pvt. Ltd. v. Shailesh Nihala Singh And 10 ORS.

Digitally signed by PRASHANT VILAS RANE Date:

2022.08.20 18:17:19 +0530 PRASHANT VILAS RANE pvr 4arbp473-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 473 OF 2020 Starwing Developers Pvt.Ltd.

..Petitioner vs.

Shailesh Nihala Singh & Ors.

..Respondents ----- Mr.Ranbir Singh with Phiroze Merchant i/b. Kanga & Co., for the Petitioner.

Mr.Ajit Anekar with Ms.Ashlesha Modak i/b. Auris Legal, for Respondent Nos.1 to 4.

Ms.Sayali Gharpure with Ms.Paluck Bengali i/b. Mahomedbhai & Co., for Respondent Nos.10 and 11.

----- CORAM :

G.S. KULKARNI, J.

DATE :

AUGUST 20, 2022.

P.C.:

1.

I have heard learned Counsel for the parties on the present proceedings for some time. It is informed that the arbitral proceedings are pending for quite some time. Both the parties have expressed willingness to co-operate in early disposal of the arbitral proceedings which be concluded by the arbitral tribunal as expeditiously as possible.

2.

Learned Counsel for the petitioner would fairly state that if the arbitral proceedings are concluded at the early stage, it would be to the benefit of both the parties considering the complexion of the dispute. He accordingly, prays that the petition be allowed to be withdrawn with liberty to file a fresh petition on the same cause of action, as and when need so arises. 3.

The petition is accordingly allowed to be withdrawn with liberty as prayed for. All contentions of the parties on the present proceedings as also on the arbitral proceedings are expressly kept open. [G.S. KULKARNI, J.]