Maytas-Rithwik(Jv) v. Konkan Railway Corporation Limited

IA No. 01 of 2020 in CARBPL.385 OF 2020 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 01 OF 2020 IN COMMERCIAL ARBITRATION PETITION (L.) NO. 385 OF 2020 M/s. Maytas-Rithwik (JV) ...

Applicant/Petitioner V/s.

Konkan Railway Corporation Limited. ...

Respondent Mr. Gaurav Joshi, Senior Advocate a/w. Mr. Aniket Lohia, Mr. Bharat Jain, Mr. Tejas Agarwal i/by I. C. Legal ,Advocate for the Petitioner. Ms. Kiran Bhagalia ,Advocate for the Respondent. CORAM : G. S. KULKARNI, J.

DATE : 20 MARCH, 2020.

P.C.:- 1] Not on board. Taken on board. On an application moved on behalf of the applicant.

2] On 18 March 2020, this Court considering the rival contentions disposed of the above arbitration petition. Today, Mr. Joshi, learned senior counsel for the applicant would state that his clients are given to understand that an award has now been pronounced by the Arbitral Tribunal as also the interim application moved by the applicant before the Arbitral Tribunal is also stated to be rejected.

Chetan Patil 1/2

IA No. 01 of 2020 in CARBPL.385 OF 2020 .doc 3] The request on behalf of the petitioner today, in these circumstances is that a longer notice by the respondents to the applicants be given if they intend to invoke the bank guarantees instead of a 24 hours notice as directed in para no.7 of the order dated 18 March 2020.

4] After hearing the learned counsel for the parties, para no.7 of the order dated 18 March 2020, is modified to read that a 48 hours notice be given by the respondents to the applicants, on any intended invocation of the bank guarantee.

5] All contentions of the parties are expressly kept open. 6] Interim Application is disposed of.

(G.S.KULKARNI, J.) Chetan Patil 2/2