Housing Development And Improvement India Ltd v. Lok Holdings And Constructions Ltd
1/2 38.NMS-1140-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1140 OF 2016 IN EXECUTION APPLICATION (L) NO.2605 OF 2015 IN ARBITRATION AWARD DATED 10TH SEPTEMBER, 2011 Housing Development & Improvement India Ltd.
....Applicants/Org.
Claimant In the matter between :
Housing Development & Improvement India Ltd.
....Claimant V/s.
Lok Holdings & Constructions Ltd.
....Respondent ---- Mr. Vibhav Krishna a/w. Mr. Devang Lakhotia i/b. Juris Consillis for the applicant/claimant.
---- CORAM : K.R.SHRIRAM,J DATE : 7th JULY, 2016 P.C.:- This notice of motion is taken out for setting aside the order dated 10th February, 2016 passed by the Prothonotary and Senior Master dismissing the execution application for non removal of office objections and restore the same to file. The counsel for the applicant states that the office objections which are listed in page no.8 of the affidavit in support of the notice of motion have been removed and complied with except Gauri Gaekwad
2/2 38.NMS-1140-2016.doc item 'd' where the applicant was directed to file certified copy of the decree/award. The counsel for the applicant further states that the respondent had challenged the award by filing Petition under Section 34 of the Arbitration and Conciliation Act, 1996 and in that Petition a certified copy of the award has been filed. The counsel for the applicant states that he may be permitted to apply for a certified copy of the award, which was filed with Section 34 application and to file the same with the execution application or in the alternative obtain a certified copy from the Arbitrator and file the same alongwith the execution application.
Liberty as sought is granted.
The counsel for the applicant undertakes to remove office objections within four weeks from today.
In view of the undertaking given, the notice of motion is allowed in terms of prayer clause -(a) and accordingly disposed of. The execution application is restored to file. (K.R.SHRIRAM,J) Gauri Gaekwad