Carzonrent (India) Pvt. Ltd. v. Pallazzio Hotel And Leisure Ltd.

(11)-APP-107-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.107 OF 2019 Carzonrent (India) Pvt. Ltd.

..Appellant

Versus

Pallazio Hotels & Leisure Limited ..Respondent Mr. Farhan Dubash a/w Mr. Gaurav Jangle, Mr. Digant Bhatt I/by I. V. Merchant & Co., Advocate for the Appellant.

Mr. Birendra Saraf a/w Ms. Kirtida Chandarana & Ms. Manasi Kalvit I/by Mahernosh Humranwala, Advocate for the Respondent. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 22nd AUGUST, 2019 P.C.

1] Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, was disposed of on consent terms vide order dated 28.01.2016.

2] After the Award was rendered, the Appellant took out a Notice of Motion seeking clarification of the consent order dated 28.01.2016. The effect of which clarification centers on the liability to pay lease rental for one and half month.

3] Noting that the Award records that the issue of arrears of rent was dealt with by the learned Arbitrator covered the period in BGP. 1 of 2

(11)-APP-107-19.doc.

question, the learned Single Judge has refused to give the clarification as prayed for.

4] The impugned order cannot be treated as one having been passed under Section 9 of the Arbitration and Conciliation Act, 1996. The order is held not to be an appealable order and thus the Appeal is rejected.

SMT. BHARATI DANGRE, J CHIEF JUSTICE BGP. 2 of 2