902.ARA.48.2024 copy.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.48 OF 2024 Kay Bouvet Engineering Pvt. Ltd. ...Appellant. Versus N M Erectors Through Prop. Nazir Muhammad Pathan ...Respondent Mr. Rushikesh Desai i/b Nandu Pawar, Advocate for Appellant. CORAM: SOMASEKHAR SUNDARESAN, J. DATE : MAY 2, 2025 PC : 1. Learned Counsel for the Appellant submits that he has instructions to withdraw this Appeal. Disposed of as withdrawn. 2. Needless to say the arbitral award which is passed by the Managing Director of one of the parties now stands set aside by reason of this withdrawal. 3. I put to the Learned Counsel for the parties if they have instructions as to whether they would be willing to proceed to arbitration straight away without expanding further energy on another round of litigation under Section 11 of the Arbitration and Conciliation Act, 1996. However, Learned Counsel for the Appellant submits that he has no instructions to agree to proceed to arbitration and the MAY 2, 2025 Aarti Palkar AARTI GAJANAN PALKAR Digitally signed by AARTI GAJANAN PALKAR Date: 2025.05.07 14:08:18 +0530 902.ARA.48.2024 copy.docx Respondent may take such steps as available in law for the second round of an appointment by the arbitral tribunal. This is regrettable. 4. Since the award stands vacated by reason of withdrawal, it is made clear that the arbitration agreement between the parties subsists. The parties may act as advised. 5. All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website. [ SOMASEKHAR SUNDARESAN, J.] MAY 2, 2025 Aarti Palkar