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Bombay High CourtCARBP/497/2017withdrawn

Meghwadi Siddhivinayak Co-Op. Hsg. Soc. Ltd. v. A. A. Estate Pvt. Ltd. (Rna Corp Group Company)

2018-12-10Hon'Ble Shri Justice B.P. Colabawalla2 pages

CARBP497.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMM. ARBITRATION PETITION NO.497 OF 2017 Meghwadi Siddhivinayak CHS Ltd.

... Petitioner v/s A.A. Estate Pvt.Ltd.

... Respondent Ms Sapna Krishnappa i/b Mr Suresh Dubey for Petitioner. Mr. Pritvish Shetty i/b M/s Vidhi Partners for Respondent. CORAM : B.P. COLABAWALLA, J.

DATE : 10th DECEMBER, 2018 P.C.:

1.

By this Arbitration petition, the Petitioner (the Respondent before the Arbitral Tribunal) has challenged the order passed by the Arbitral Tribunal allowing the application filed by the claimant to take on record the claimant's reply to the counter claim of the Respondent. By the impugned order and for the reasons stated therein, the application filed by the claimant for taking their reply to the counter claim on record was allowed.

VRD 1/2

CARBP497.17.doc 2.

It now transpires that during the pendency of this Arbitration Petition, the Arbitrator has also passed the final award on 14th February 2018. In these circumstances, the learned Advocate appearing on behalf of the Petitioner fairly states that nothing survives in this Arbitration petition and hence she may be permitted to withdraw the same.

3.

In view of the facts narrated above and considering the subsequent developments, the Arbitration petition is dismissed as withdrawn. However, there shall be no order as to costs.

(B. P. COLABAWALLA, J.) VRD 2/2