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Bombay High CourtARBP/832/2015withdrawn

Mr.Manhar P Khadawala v. Mr.Rajesh M Khadawala And 7 ORS

2016-01-19Hon'Ble Shri Justice S.C. Gupte1 pages

19.arbp.832.2015.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 832 OF 2015 Mandar P. Khadawala

...Petitioner

vs Rajesh M Khadawala & Ors.

...Respondents

.....

Ms R.C.Nichani i/b G.G.Dave for the Petitioner .....

CORAM : S.C. GUPTE, J.

JANUARY 19, 2016 P.C. :

Learned Counsel for the Petitioner seeks leave to withdraw the Petition. The Petition involves a challenge to the jurisdiction of the Arbitral Tribunal on the ground that the dispute forming part of the reference involves fraud. Since now the reference has already commenced and the trial is in progress, learned Counsel for the Petitioner intends to argue the reference and await an award. She seeks liberty to raise the grounds covered in this petition in her challenge, if any, to the arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The Petition is dismissed as withdrawn with liberty as prayed. There shall be no order as to costs.

( S.C.GUPTE J. ) Pg 1 of 1