Tastel Fine Food Private Limited v. State Of Maharshtra Law And Judiciary Dept. And ANR

902-wp67-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.67 OF 2024 ATUL GANESH KULKARNI Tastel Fine Food Pvt. Ltd.

... Petitioner V/s.

The State of Maharashtra, Law & Judiciary Department & Anr.

... Respondents ATUL GANESH KULKARNI Date: 2024.01.04 15:59:49 +0530 Mr. Rizwan Siddiquee with Shikhar Khandelwal, Mr. Hasan Nizami, Mr. Aditya Chavan i/by Siddiquee & Associates for the petitioner.

Mr. P.G. Sawant, AGP for the respondent No.1/State. CORAM :AMIT BORKAR, J.

DATED :JANUARY 4, 2024 P.C.:

1.

The applicant had filed an application under Section 34 challenging Award passed by the authorities under the provisions of the Arbitration and Conciliation Act, 1996. Challenging said Award, the applicant approached the Court under Section 2(e) of the Arbitration and Conciliation Act, 1996. The Court under Section 2(e) has granted stay in favour of the petitioner subject to deposit of 75% of the amount of Award.

2.

According to the petitioner, there is mistake in calculations. The difference of calculation between the petitioner and the decree holder cannot be adjudicated in the writ petition. It is for the appropriate Court to consider the difference of calculations at

902-wp67-2024.doc appropriate stage of proceeding. By the impugned order, Court under Section 34 has granted conditional stay to the Award passed by the Arbitrator, no interference is required in such order on the ground of difference of calculation in the amount awarded. 3.

There is no merit in the writ petition. The writ petition stands dismissed. No costs.

(AMIT BORKAR, J.)