Central India Madhyawarti Bahuudeshiya Shakari Sanstha Ltd, Nagpur Thr. Secretary Rajeev Hadap v. Gramin Vikas Kukkut Palan Shakari Sanstha Ltd, Pachgaon, Nagpur Thr. Secretary Dr. Gulabrao Bhoyar
2026:BHC-NAG:5120 1 24-aa 58.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR ARBITRATION APPEAL NO. 58 OF 2025 ( CENTRAL INDIA MADHYAWARTI BAHUUDESHIYA SAHAKARI SANSTHA (LTD), NAGPUR THR. SECRETARY RAJEEV SHANKARRAO HADAP VS THE GRAMIN VIKAS KUKKUT PALAN SAHAKARI SANSTHA (LTD), PACHGAON, NAGPUR THR. SECRETARY DR.GULABRAO BHOYAR ) WITH ARBITRATION APPEAL NO. 71 OF 2026 (THE GRAMIN VIKAS KUKKUT PALAN SAHAKARI SANSTHA LTD, NAGPUR THR. SECRETARY DR.GULABRAO BHOYAR VS CENTRAL INDIA MADHYAWARTI BAHUUDESHIYA SAHAKARI SANSTHA LTD, THR. SECRETARY, RAJEEV SHANKARRAO HADAP ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.
Mr. F.T.Mirza, Senior Advocate assisted by Mr. A.S.Deshpande, Advocate for appellant in A.A.No.58/2025 and for respondent in A.A.No.71/2026. Mr. Amol. B. Patil, Advocate for respondent in A.A.No.58/2025 and for appellant in A.A.No.71/2026
CORAM
:
ROHIT W. JOSHI, J.
DATED :
APRIL 01, 2026 ARBITRATION APPEAL NO. 58 OF 2025 1) Learned Senior Counsel Mr. Mirza, states that the only prayer in the arbitration proceeding was that the challans for making payment of dues of the Government be handed over to the appellant for making payment thereof which was a step towards amalgamation of the respondent-Society with the appellant-Society.
2) Learned Senior Counsel states that the fact that amount was already paid was not brought to the notice of the appellant as also the learned Arbitral Tribunal while arbitration KOLHE
2 24-aa 58.2025.odt proceeding was pending and that the document was filed for the first time before the learned District Court in proceeding filed under Section 34 of the Arbitration and Conciliation Act, 1996. 3) The learned Senior Counsel states that since the respondent has already paid the amount payable under the challans, the cause in the arbitration proceeding and consequently in the present appeal is rendered infructuous. He, therefore, makes a motion on instructions from the learned briefing counsel, to withdraw the appeal.
4) Accordingly, the present appeal is allowed to be withdrawn and is disposed of as such.
ARBITRATION APPEAL NO. 71 OF 2026 1) In view of the withdrawal of arbitration appeal bearing No.58/2025, Mr. Amol Patil, learned counsel for the appellant states that cause in the present appeal is rendered infructuous and makes a motion to withdraw the present appeal. 2) Accordingly, the appeal is allowed to be withdrawn and is disposed of as such.
( ROHIT W. JOSHI, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 01/04/2026 18:42:25