Jain Social Groups International Federation And ANR v. Jain Social Group, Nashik And 2 ORS.

APPL. 878-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 878 OF 2015 IN ARBITRATION PETITION No. 1351 OF 2015 WITH NOTICE OF MOTION (L) No. 3235 OF 2015 Jain Social Groups International Federation and Anr.

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Appellants / Applicants Vs.

Jain Social Group, Nashik & Ors.

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Respondents *** Mr. Sanjay Jain, Saurabh Pakale with Alisha Parekh i/b LJ Law, for the Appellants / Applicants.

Mr. M. S. Karnik i/b Rahul Motkari, for Respondent Nos. 1 and 2. *** CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ.

DATE : NOVEMBER 26, 2015 PC.

1.

The learned counsel appearing on behalf of the Appellants has filed an application for withdrawal of the appeal. It is submitted that the Appellants have filed an appeal against the judgment and order dated 27th October, 2015. When the appeal was filed, the Appellants had a misconception that the learned Single Judge by the impugned order has set aside the resolution passed by the office 1 / 2

APPL. 878-15 bearer of Appellant No. 1 in its meeting, held on 9.11.2014. It is stated in the said application that the Appellants now after perusal of the impugned order have noticed that only the arbitration award dated 17th July, 2015 is set aside, except the finding recorded against Appellant No. 2. It is stated in the said application that, therefore, Appellants may be permitted to withdraw the appeal with liberty to Appellant No. 2 to adopt appropriate proceedings and / or continue with the arbitration petition filed by her against the order dated 17th July, 2015. In view of this application and the submissions, the appeal is allowed to be withdrawn with liberty to Appellant No. 2 to adopt appropriate proceedings and / or continue with the arbitration petition filed by her in this Court. Application for withdrawal of the appeal is taken on record. Appeal is accordingly disposed of in the aforesaid terms.

2.

In view of disposal of the appeal, Notice of Motion (L) No. 3235 of 2015 taken out therein does not survive and is accordingly disposed of.

Sd/- Sd/- [REVATI MOHITE DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2