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Bombay High CourtCA/7198/2025disposed off

Sadashiv Vasantrao Kosalge Since Deceased Thr Lrs Kalpna Sadashiv Kosalge And Others v. Nayansukh Punamchand Ganhi Deceased Thru. Lrs. Manish Nayansukh Gandhi And Othres

2025-07-15Hon'Ble Shri Justice Rohit W. Joshi2 pages

2025:BHC-AUG:18581 ARBA15.2014(2)..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.7197 OF 2025 IN ARBITRATION APPEAL NO. 15 OF 2014 WITH ARBITRATION APPEAL NO. 15 OF 2014 WITH CIVIL APPLICATION NO.7198 OF 2025 IN ARBITRATION APPEAL NO. 17 OF 2014 WITH ARBITRATION APPEAL NO. 17 OF 2014 NAYANSUKH S/O. POONAMCHAND GANDHI AND OTHERS

VERSUS

SADASHIV S/O. VASANTRAO KOSALGE ...

Advocate for Appellant : Mr. S.R. Sapkal Advocate for Respondent : Mr. B.B. Yenge ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

15th JULY, 2025 P.C.:

CIVIL APPLICATION NO.7197 OF 2025 IN ARBA NO. 15 OF 2014 1.

For the reasons mentioned in the application, delay caused in filing application for bringing legal representatives of the deceased respondent on record is condoned.

2.

Abatement of appeal against respondent is set aside and permission is granted to bring legal representatives of deceased respondent on record.

3.

Learned Advocate Mr. Yenge, waives notice for the legal representatives of sole respondent.

4.

Amendment be carried out forthwith.

ARBA15.2014(2)..odt CIVIL APPLICATION NO.7198 OF 2025 IN ARBA NO. 17 OF 2014 5.

For the reasons mentioned in the application, delay caused in filing application for bringing legal representatives of the deceased appellant no. 1 on record is condoned.

6.

Abatement of appeal against appellant no. 1 is set aside and permission is granted to bring legal representatives of deceased appellant no. 1 on record.

7.

Amendment be carried out forthwith.

ARBITRATION APPEAL NOs. 15 OF 2014 AND 17 OF 2014 8.

The parties have arrived at out of Court settlement. The settlement terms are verified by the parties by appearing before the Registrar (Judicial), in person.

9.

Learned Registrar (Judicial) has furnished report dated 15.07.2025, confirming that the parties have arrived at out of Court settlement and that they have personally confirmed the same before him.

10.

In view of the above, both the appeals are disposed of in terms of the compromise arrived at between the parties. 11.

The joint pursis dated 15.07.2025, shall form a part of the order and shall be preserved as final order passed in the Arbitration Appeal.

12.

Decree be drawn accordingly.

[ROHIT W. JOSHI J.] SPC/