Subhash Chand Agarwal And 5 ORS v. Hdb Financial Services Limited

902-carbp419-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.419 OF 2017 WITH NOTICE OF MOTION NO.502 OF 2017 IN COMMERCIAL ARBITRATION PETITION NO.419 OF 2017 Suhas C. Agarwal & Ors.

...Petitioners

V/s.

HDB Financial Services Ltd.

...Respondent

Ms.Jennifer Michael i/b Mr.Anil D'Souza for the Petitioners. Mr.Nilesh Gala i/b Law Square for the Respondent. CORAM : R.D. DHANUKA, J.

DATE : 22ND DECEMBER, 2017.

P.C. :- 1.

In view of the statement already made by the learned counsel before this Court on 14th December, 2017, to deposit the entire awarded sum with interest excluding the payment already made so far in respect of which credit is not given by the respondent on or before 30th April, 2018 and in view of the fact that the impugned award is stated to be an ex-parte award, I pass the following order :- a).

The Commercial Arbitration Petition No.419 of 2017 is admitted. Learned counsel appearing for the respondent waives 1/2

902-carbp419-17 service. Ad-interim order passed by this Court on 14th December, 2017 to continue during the pendency of the petition. It is made clear that if the entire amount is not paid as undertaken before this Court on 14th December, 2017 by 30th April, 2018, the arbitration petition to stand dismissed without further reference to the Court. It is clarified that the statement made by the learned counsel before this Court on 14th December, 2017 was accepted as an undertaking to this Court. 2.

In view of this order, no separate order on the notice of motion is required to be passed and the same is accordingly disposed of.

(R.D. DHANUKA, J.) 2/2