M/S. Siemens Financial Services Private Limited v. M/S. Allied Strip Ltd. And 2 ORS.

kvm 1/2 12-ARBP349.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 349 OF 2015 M/s.Siemens Financial Services Private Limited ..... Petitioner

VERSUS

M/s.Allied Strip Ltd. & Ors.

..... Respondents Mr.Sankalp Anantwar, i/b. India Law for the Petitioner. Mr.D.Banarjee, a/w. Mr.Ashish Pyasi, Ms.Ekta Tripathi, i/b. Dhir and Dhir Associates for Respondent No.1.

CORAM :

R.D. DHANUKA, J.

DATED :

14th SEPTEMBER, 2015 P.C.

By consent of parties, Mr.Vishal Kanade, advocate is appointed as the sole arbitrator.

2.

Learned counsel appearing for the respondents states that if the respondents apply for vacating the interim order passed by BIFR recorded in letter dated 2nd February, 2015 (Ex.3 to the affidavit in reply) seven days prior notice will be issued to the petitioner. Statement is accepted. 3.

It is made clear that the petitioner would also be at liberty to apply for modification of the stay granted by the BIFR as recorded in the letter dated 2nd February, 2015. Petitioner also would be at liberty to apply for further interim measures under section 9 after disposal of the BIFR proceedings. It is made clear that the respondents would be at liberty to raise an issue of jurisdiction before the learned arbitrator by filing an appropriate application under section 16. If any

kvm 2/2 12-ARBP349.15 such application is filed by the respondents, the learned arbitrator may dispose it of on its own merits.

4.

Arbitration petition is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.] "Certified to be true and correct copy of the original signed order."