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Bombay High CourtIA/308/2025disposed off

Vilas Enterprises And ANR v. L And W Building Solutions Pvt Ltd

2025-08-13Hon'Ble Ms. Justice Gauri Godse3 pages

Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 308 OF 2025 IN WRIT PETITION NO. 15392 OF 2024 Vilas Enterprises and anr .....Applicants

IN THE MATTER BETWEEN

L and W Building Solutions Pvt Ltd .....Petitioner Vs.

Vilas Enterprises and anr .....Respondents WITH WRIT PETITION NO. 15392 OF 2024 L and W Building Solutions Pvt Ltd .....Petitioner Vs.

Vilas Enterprises and anr .....Respondents IRESH MASHAL Mr. Chaitanya B. Nikte a/w Mr. Prajit S. Sahane, Mr. Ritvij A. Kale, Mr. Swapnil S. Sangle, Mr. Shubhankar Kulkarni for applicant in IA 308/2025 and for respondent no. 1 in Writ Petition No. 15932 of 2024 Ms. Chanchal Singh Ms. Prashita Mamodia i/b R. V. Sankpal and Associates for the respondent Digitally signed by IRESH MASHAL Date:

2025.08.16 14:46:54 +0530 CORAM : GAURI GODSE, J.

DATE :

13th AUGUST 2025 ORDER:

1.

This interim application is by the respondents in the Writ Petition.

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2.

Learned counsel for the petitioner seeks leave to withdraw the petition with liberty to file appropriate appeal under Section 37 of the Arbitration and Conciliation Act, 1996. 3.

Leave granted with liberty as prayed.

4.

This Court had permitted the the petitioner to deposit the amount of Rs. 65 Lakhs in this Court. The said amount deposited by the petitioner is lying in the Registry of this Court. 5.

Learned counsel for the petitioner submits that as per the liberty granted by this Court, the petitioner shall file appeal before this Court. Hence, after the appeal is filed, the petitioner shall intimate the same to the Writ Petition Department for transferring the amount deposited in the account of this petition to be transferred to the account of the appeal that would be filed.

6.

The respondent would be at liberty to make appropriate application for withdrawal of the amount in the appeal that would be filed.

7.

The Writ Petition is disposed of as withdrawn in the aforesaid terms.

8.

All rival contentions of the parties are kept open. 2/3

9.

If the appeal is not filed within a period of two weeks from today, the amount deposited by the petitioner in this Court shall be permitted to be withdrawn by the respondent. 10.

Interim Application is disposed of in the aforesaid terms. [GAURI GODSE, J.] 3/3