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Bombay High CourtARA/1/2018

Maharashtra State Electricity Distribution Company Limited And ANR. v. M/S. Shri Tirupati Udyog Through Shri Atul Agrawal

2018-01-12Hon'Ble Shri Justice S.J. Kathawalla3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION ARBITRATION APPEAL (ST) NO. 36660 OF 2017 WITH CIVIL APPLICATION (ST) NO. 36663 OF 2017 Maharashtra State Electricity Distribution Company Limited and another ...

Appellants

Versus

M/s. Shri Tirupati Udyog through Atul Agrawal ...

Respondent ALONGWITH ARBITRATION APPEAL (ST) NO. 36665 OF 2017 WITH CIVIL APPLICATION (ST) NO. 36666 OF 2017 Maharashtra State Electricity Distribution Company Limited and another ...

Appellants

Versus

Kalpesh Cable Industries Pvt. Ltd. through its Parnter, Shri. Punamchand C. Lunked ...

Respondent ALONGWITH ARBITRATION APPEAL (ST) NO. 36668 OF 2017 WITH CIVIL APPLICATION (ST) NO. 36670 OF 2017 Maharashtra State Electricity Distribution Company Limited and another ...

Appellants

Versus

Kanti Cables through its partner Ashok Jain ...

Respondent

2 / 3 927­929­ARAst­36660­2017.sxw Mr. G.R. Joshi, Senior Advocate alongwith Ms. Neeta Jain, Mr. Kiran Gandhi and Mr. Anuj Jaiswal instructed by Little and Company for the Appellant in All Arbitration Appeals and Applicant in all the above Civil Applications. Mr. Suresh Bhole for the Respondents in all the Arbitration Appeals. CORAM : S.J. KATHAWALLA, J.

DATED : 12th JANUARY, 2018 P.C.:

1.

By consent, the above three Appeals as well as Civil Applications are taken up for final hearing. Heard Learned Advocates appearing for the parties and the following order is passed :

i] Delay in filing the three Arbitration Petitions before the District & Sessions Court, Nashik is condoned and the above Arbitration Petitions are restored to file. ii] District & Sessions Court, Nashik shall dispose off all the three Arbitration Petitions within a period of twelve weeks from the date of this order. iii] Parties have agreed that they shall not seek adjournment/s unless absolutely necessary. The District & Sessions Court, Nashik too shall not grant adjournment/s unless absolutely necessary.

iv] Parties and/or their Advocates shall appear before the District & Sessions Court, Nashik on 15 th January, 2018 at 11.00 a.m. and after producing a copy of this order and obtain necessary directions in the matter. The learned Advocate for the Respondent states that he is in difficulty on 15th January, 2018 and that he can appear before the District & Sessions Court, Nashik only on 19th January, 2018 at 11.00 a.m. and obtain directions in the matter. The parties are therefore allowed to appear before

3 / 3 927­929­ARAst­36660­2017.sxw the District & Sessions Court, Nashik on 19th January, 2018 at 11.00 a.m. v] All contentions of the parties are kept open. 2.

The above Arbitration Appeals as well as Civil Applications are accordingly disposed off.

( S.J.KATHAWALLA, J. )