Techtrans Construction India (P) Ltd And Ksheeraabd Construction Pvt. Ltd. (Jv) v. Reliance Utility Engineers Ltd.

kvm 1/2 903-NMS354.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 354 OF 2018 IN ARBITRATION APPLICATION NO. 195 OF 2015 Crest Logistics and Engineers Private Limited, Formerly known as Reliance Utility Engineers Ltd.

..... Applicant

IN THE MATTER OF

Techtrans Construction India (P) Ltd. & Ksheeraabd Construction Pvt. Ltd. (JV) ..... Petitioner

VERSUS

Crest Logistics and Engineers Private Limited, Formerly known as Reliance Utility Engineers Ltd.

..... Respondent Mr.Sarosh Bharucha, a/w. Mr.Shrey Fatterpekar, Mr.Kiran Padalkar, i/b. India Law Alliance for the Applicant/Respondent. Mr.Anilkumar Patil, a/w. Mr.Sachin Pawar for the Respondent/Org. Petitioner.

CORAM :

R.D. DHANUKA, J.

DATE :

4th MAY, 2018 P.C.

By this notice of motion, the applicant seeks clarification that the arbitral tribunal may decide the the applicant's application filed under section 16 of the Arbitration and Conciliation Act, 1996 without being influenced by the order dated 9th September,2015 passed by this court in Arbitration Application No.195 of 2015.

2.

It is clarified that as on the date of the order dated 9th

kvm 2/2 903-NMS354.18 September,2015, there was no dispute about the existence of the arbitration agreement between the parties and accordingly this court had directed the nominee arbitrators of both the parties to appoint the presiding arbitrator.

3.

Notice of motion is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]