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Jitendra Hiralal Shah Vs Kotak Mahindra Bank Limited — Arbitration | Bombay HC (2017)

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Jitendra Hiralal Shah Vs Kotak Mahindra Bank LimitedJitendra Hiralal Shah v. Kotak Mahindra Bank Limited

Disposed

Jitendra Hiralal Shah v. Kotak Mahindra Bank Limited

Bombay HC11 Oct 2017APP/297/2017

Case brief

AI extract

What is this about?

Appeal by Jitendra Hiralal Shah against an order in an arbitration petition was disposed of. The court entertained a request to withdraw the appeal with liberty to file a review petition and granted the same, without expressing any opinion on the merits. Pending notice of motion was also disposed of.

What did the court decide?

Leave to withdraw the appeal with liberty to file a review petition was granted.

What the court decided

AI extract

Outcome

Leave to withdraw the appeal with liberty to file a review petition was granted.

Detailed headnote1 paragraphs

The appeal was disposed of on the direction sought by the appellant to withdraw the appeal seeking liberty to file a review petition before the learned Single Judge. The order was passed without any expression of opinion on the merits of the matter. Consequently, the pending notice of motion was also disposed of.

A compact analysis

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.

A

1

27-APP-297.17.doc

Shridhar Sutar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

APPEAL NO. 297 OF 2017 IN ARBITRATION PETITION NO. 951 OF 2016 WITH NOTICE OF MOTION NO. 1416 OF 2017 IN

APPEAL NO. 297 OF 2017

Jitendra Hiralal Shah

… Appellant

Versus

Kotak Mahindra Bank Limited … Respondent

Mr. Hemant P. Ghadigaonkar for the Appellant.

CORAM : NARESH H. PATIL AND R. G. KETKER, JJ.

DATE : 11^th OCTOBER, 2017.

P. C. :

Learned Counsel for the Appellant, on instructions, seeks leave to withdraw this Appeal seeking liberty to file review petition before the learned Single Judge.

Without expressing any opinion on merits of the matter,

leave to withdraw this Appeal with liberty as prayed for, is

1 of 2

Shridhar Sutar 2 27-APP-297.17.doc

granted. The Appeal, is therefore disposed of. In view of disposal of Appeal, pending Notice of Motion also disposed of.

In case, the appellant prefers review petition and is aggrieved by the order passed by the learned Single Judge, then the appellant is at liberty to prefer fresh appeal on the same cause of action.

( R. G. KETKAR, J. ) ( NARESH H. PATIL, J. )

2 of 2

Parties & counsel

AI extract

appellant
Jitendra Hiralal Shah
respondent
Kotak Mahindra Bank Limited

Coram

AI extract

NARESH H. PATIL
R. G. KETKER

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 11 Oct 2017 · October
Registered: 22 Aug 2017
Case no.: APP/297/2017
CNR: HCBM020158622017
Topic: Arbitration
Bench: Rajesh G. Ketkar Naresh H. Patil
Disposal: DISPOSED OFF

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Cite this judgement

Jitendra Hiralal Shah v. Kotak Mahindra Bank Limited, APP/297/2017 (BOM), decided on 11 October 2017.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

NARESH H. PATIL and R. G. KETKER

Parties & counsel