The High Court of Bombay disposed of the appeal as the parties out-of-court settlement rendered the matter moot. Consequently, the accompanying arbitration notice of motion was also disposed of, and the amount deposited was ordered withdrawn.
The amount deposited by the appellant was ordered to be withdrawn along with accrued interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APP. 763-04.
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL No. 763 OF 2004
IN
ARBITRATION PETITION No. 19 OF 2002 WITH
NOTICE OF MOTION No. 3689 OF 2004
Anagha A. Tikotekar … Appellant Vs.
M/s. Khandwala Finance Ltd. & Anr. … Respondents
Ms. Shweta Sanglani i/b Omkar Mulekar, for the Appellant. Mr. Simil Purohit i/b Purohit & Co., for the Respondents.
CORAM : V. M. KANADE, & Smt. SWAPNA S. JOSHI, JJ. DATE : SEPTEMBER 1, 2016
PC.
parties have sought to resolve their dispute and difference, and we are informed by both the counsel appearing for the respective parties that
the matter has been settled out of Court. The learned counsel
appearing for the Respondents submits that both parties do not have
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APP. 763-04.
any claim against each other, and neither party shall continue any proceeding either for execution of the award or for filing a fresh claim before the arbitrator. Statement is accepted. The Appellant is present in the Court. In view of this, the question of execution of the award, therefore, does not arise. In view of this statement, appeal does not survive. It is made clear that neither party will raise any claim in respect of NSE and BSE transaction. The amount deposited by the Appellant may be withdrawn by him alongwith the interest, which is accrued thereon. Appeal is accordingly disposed of.
Sd/Sd/[Smt. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.]
Vinayak Halemath
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Anagha A. Tikotekar
M/s. Khandwala Finance Ltd. & Anr.
V. M. Kanade
Swapna S. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
