M/S. Tata Capital Financial Services Ltd v. M/S. Color Copi Ltd.And ORS.

arbp1249-13 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1249 OF 2013 Tata Capital Financial Services Ltd.

...Petitioner

V/s.

M/s.Color Copi Ltd. & Ors.

...Respondents

Mr.Chetan Kapadia with Mr.Sankalp Anantwar i/b India Law for the Petitioner.

Ms.Nishant Sangle i/b Mr.Mathew Nedumpara for the Respondent Nos. 1 to 3.

CORAM : R.D. DHANUKA, J.

DATE : 9TH SEPTEMBER, 2015.

P.C. :- 1.

There is no dispute that Arbitration Petition (Lodging) No.1032 of 2015 challenging the arbitral award dated 31st January, 2015 is already dismissed in view of the respondents herein not complying with the conditional order passed by this Court on 15th July, 2015 as clarified by a separate order passed on 10th August, 2015. The arbitral award thus rendered in favour of the petitioner has attained finality.

2.

Mr.Kapadia, learned counsel for the petitioner states that the petitioner would now apply for execution of the said award as if a decree under section 36 of the Arbitration & Conciliation Act, 1996 1/2

arbp1249-13 and prays that ad-interim orders passed by this Court in this arbitration petition to continue for a period of eight weeks from today. The statement is accepted.

3.

Ad-interim orders passed by this Court from time to time in this arbitration petition to continue for a period of eight weeks from today. The petitioner would be at liberty to apply for further orders by making an application for execution of the arbitral award before the Executing Court.

4.

The arbitration petition is accordingly disposed of in the aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) "Certified to be true and correct copy of original signed order." 2/2