Marcotex Engineers And Consultants v. M/S. Abb India Ltd. And ANR.

914-ARBP1155-14.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1155 OF 2014 Macrotex Engineers & Consultants

...Petitioner

Versus

ABB India Ltd & Anr

...Respondents

Mr Yogendra Singh, with Sagar Thakkar, i/b Auris Legal, for the Petitioner.

Mr Kedar Wagle, with Sagar Wagle & Sayali Puri, for the Respondents.

CORAM: G.S. PATEL, J DATED:

7th March 2017 PC:- 1.

On 29th April 2014, this Court initially restrained the ONGC, the 2nd Respondent, from making any payment to ABB India Ltd. On 9th May 2014 the Court noted that ONGC had filed a Reply claiming that full payment had been made to ABB India Ltd and no further amounts were then payable. This statement was found to be "delightfully vague" and without particulars. ONGC was directed to file a proper Reply. It was restrained from making any further payment to ABB India Ltd in terms of the settlement that was operating and that continues even to this day. 7th March 2017

914-ARBP1155-14.DOC 2.

On behalf of ABB India Ltd, Mr Wagle says that no amount is due to it from ONGC and that all amounts have been paid. This statement is noted and accepted.

3.

There is no point in continuing the previous order. Liberty however to the Petitioners to make an appropriate claim before the learned Arbitrator, if so advised.

4.

The Arbitration Petition is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 7th March 2017