Tata Capital Financial Service Limited v. Madhucon Infra Limited And 3 ORS

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12. NMS 694-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.694 OF 2016 IN ARBITRATION PETITION NO.1873 OF 2015 Cube Highways and Infrastructure PTE Ltd....

Applicant/Original Respondent No.3 In the matter between :

Tata Capital Financial Services Limited ...

Petitioner

Versus

Madhucon Infra Limited And Others ...

Respondents .....

Mr. Abdulla Thangal i/b AZB & Partners for the Applicant in Notice of Motion NO.694 of 2016 and Respondent No.3 in Arbitration Petition No.1873 of 2015.

Ms. Benedicta Lobo i/b Kataria & Associates for the original Petitioner. .....

CORAM : S.C. GUPTE, J.

DATE : 12 FEBRUARY 2019 P. C. :

.

Learned Counsel for the Applicant (original Respondent No.3) says that this Notice of Motion does not survive. Learned Counsel submits that the motion has been taken out for recall of an order. By minutes of order filed before a Division Bench of this court in an appeal, filed under Section 37 of the Arbitration and Conciliation Act, 1996 ("Act"), the order has been set aside and the Arbitration Petition, filed under Section 9 of the Act has been remanded to the learned Single Judge for fresh hearing. Learned Counsel submits that after remand, in view of the settlement of the

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12. NMS 694-16.doc disputes by the parties before the Supreme Court, the petition under Section 9 of the Act has been disposed of and the controversy does not survive any more. Hence, the Notice of Motion is disposed of accordingly. (S.C. GUPTE, J.)