State Of Maharashtra Through Superintending Engineer, P W Circle Nashk Mr. S.A. Kankarej v. Saptashrungi Infrastructure Buildcon Pvt. Ltd.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PURTI PRASAD PARAB CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB Date: 2023.04.10 19:19:47 +0530 INTERIM APPLICATION NO. 3243 OF 2023 IN ARBITRATION APPEAL NO. 7 OF 2021 Saptashrungi Infrastructure Buildcon Pvt. Ltd.

....Applicant (Original Respondent) In the Matter Between State of Maharashtra ...Appellant (Original Petitioner) V/s.

Saptashrungi Infrastructure Buildcon Pvt. Ltd.

....Respondent ---- Ms. Indrayani Patani for Appellant in Appeal No. 7 of 2021 and for Respondent in IA No. 3243 of 2023 Mr. Kamlesh Ghumre a/w Ms. Sonali Jadhav for Applicant in IA No. 3243 of 2023 and for Respondent in Appeal No. 7 of 2021. ---- CORAM : K.R. SHRIRAM & RAJESH S. PATIL, JJ.

DATED : 5th APRIL 2023 P.C. :

1.

Counsel state that it is appellant and respondent have amicably settled the matter and rely on certain documents which are annexed to the application. We are passing this order relying on the statement made by counsel because we are not able to read or understand the documents annexed to the application. Except Exhibit "A" all other documents are in Marathi language. No English translation also has been provided. 2.

Ms. Patni for respondent in the application states that the prayer clause (a) be granted subject to petitioner's counsel making a Purti Parab

2/2 7-IA-3243-2023.doc statement to the court that the amount that applicant would receive from the Registrar (Appellate Side) High Court, Mumbai will be in full and final settlement of all their claims against Appellant/State in the subject matter of the appeal. Mr. Ghumre states that upon applicant receiving the amount of Rs.15 Crores together with accumulated interest if any that could have been earned upon the Registrar investing the sum in Fixed Deposit with a Nationalised Bank in compliance with the order dated 5th April 2021 will be accepted in full and final settlement of all claims of applicant and even if there are any other amount payable under the arbitral award applicant waives those amounts. Mr. Ghumre states of course this is apart from the amount of Rs.3713.23 Lakhs that applicant has already received from Appellant/State.

3.

Registrar (Appellate Side), High Court, Mumbai to pay over to applicant a sum of Rs.15 Crores together with accumulated interest. In view of the above Ms. Patani seeks leave to withdraw the appeal. 4.

Appeal dismissed as withdrawn.

5.

Consequently, Interim Applications, if any also stand disposed. 6.

All to act on authenticated copy of this order. (RAJESH S. PATIL, J.) (K.R. SHRIRAM, J.) Purti Parab