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Bombay High CourtMCA/751/2022dismissed as withdrawn

Vandan Associates, Amravati Thr. Partners Smt. Jaya Sanjay Harwani, Amravati And ORS v. Smita Conductors Private Limited, Mumbai Thr. Its Director And Others

2023-02-24Hon'Ble Shri Justice Avinash G. Gharote1 pages

(1) 922mca751.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 751 OF 2022 Vandan Associates__ Vs. ___Smita Conductors Pvt. Ltd and ors --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S.P.Bhandarkar, Advocate for applicant Mr. A.C.Dharmadhikari, Advocate with Ms. Nikita Vardhan, Adv. for non-applicants CORAM :

AVINASH G. GHAROTE, J.

DATE : 24/02/2023 A preliminary objection has been raised by the respondents, in light of clauses 20 and 21 of the agreement dated 27.7.2021 (pg.53), regarding the jurisdiction of this Court.

The preliminary objection tendered across the bar is taken on record and marked as "X" for identification. The communication dated 14.2.2023 annexed with the preliminary objection also indicate the willingness of the respondents to appoint Justice Anil K. Menon, Former Judge of this Court, as the Arbitrator, subject to the withdrawal of the present application, to whose appointment and to which condition Mr. Bhandarkar, learned counsel for the applicant, upon instructions has no objection.

In that view of the matter, the application is dismissed as withdrawn.

JUDGE Digitally sign byRAJESH VASANTRAO JALIT Location:

Rvjalit