Gwaldas D Mundra v. Anand Rathi And 4 ORS.

kvm 1/2 0-ARBAPL870.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION (L) NO. 810 OF 2016 Gwaldas D. Mundra ..... Applicant

VERSUS

Anand Rathi & Ors.

..... Respondents Mr.Suryanarayanan, i/b. Mr.Dhiren Akbari for the Applicant. Mr. Pratik Seksaria, a/w. Mr.Simil Purohit, Mr.Punit Damodar, Ms.Nikita Vardhan i/.b. Kanga & Co. for the Respondent nos. 4 and 5. CORAM :

R.D. DHANUKA, J.

DATED :

15th JULY, 2016 P.C.

Matter is mentioned. Not on board.

2.

Heard learned counsel appearing for the parties. 3.

After advancing the arguments for sometime, learned counsel appearing for the applicant seeks liberty to withdraw this arbitration application and submits that the present arbitration application shall be treated as an objections in addition to the objections already raised by the applicant by the letter dated 7th July, 2016 before the arbitral tribunal under section 12(5) and other applicable provisions of the Arbitration and Conciliation Act, 1996.

4.

Mr. Seksaria, learned counsel appearing for the respondent nos. 4 and 5 has no objection if the present arbitration application is relied upon by the applicant as an additional objection before the learned arbitrator in addition to the application dated 7th July, 2016 before the learned arbitrator at the time of hearing which is

kvm 2/2 0-ARBAPL870.16 proposed to be held today at 5.30 p.m. or thereafter. Statement is accepted. 5.

At this stage, learned counsel for the applicant seeks liberty to withdraw this application in view of the statement made aforesaid by both the learned counsel for the parties.

6.

Arbitration application is dismissed as withdrawn. No order as to costs. [R.D. DHANUKA, J.]