M/S. Sonai Construction Private Limited v. M/S. Hindustan Construction Company Limited

arp 73 of 2015 (916).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION NO.73 OF 2015 M/s. Sonai Construction Pvt. Ltd.

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Petitioner versus M/s. Hindustan Construction Company Ltd.

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Respondent Mr. T.K.Prabhakaran with Ms. Rita Yadav, for Petitioner. Mr. Naushad Engineer i/by M/s. Advaya Legal, for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 3 rd FEBRUARY, 2016 P.C.:

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Heard the learned Advocates for the parties. The following order is passed by consent:

(i) The Petitioner shall move an Application before the learned Arbitrator seeking to amend his statement of claim and introduce his claim set out in Annexure II of this Application (pages 67 E to H to the Petition) which the learned Arbitrator will allow. However, the learned Arbitrator shall after hearing the parties determine the amount payable by the Petitioner to the Respondent towards costs. (ii) All contentions of the Respondent, including limitation, are kept open qua the ssp 1/2

arp 73 of 2015 (916).sxw claims of the Petitioner including the claim sought to be introduced by the Petitioner by way of an amendment. Arbitration Petition is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2