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Bombay High CourtNMCD/418/2017absolute

Maharashtra State Road Development Corporation Limited v. Plus Bksp Toll Ltd.

2017-12-22Hon'Ble Shri Justice R.D. Dhanuka2 pages

901-nmcd418-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL JURISDICTION NOTICE OF MOTION NO.418 OF 2017 IN COMMERCIAL ARBITRATION PETITION NO.371 OF 2017 WITH CHAMBER SUMMONS NO.237 OF 2017 IN COMMERCIAL ARBITRATION PETITION NO.371 OF 2017 Maharashtra State Road Development Corpn. Ltd. ...Applicant

IN THE MATTER BETWEEN :

Maharashtra State Road Development Corpn. Ltd.

...Petitioner

V/s.

PLUS BKSP TOLL LTD.

...Respondent

Mr.Rajiv Kumar, Senior Counsel i/b Little & Co. for the Applicant / Petitioner.

Mr.Zal Andharujina i/b Mr.Anishul Tyagi, Mr.Prithvi Singh, Ms.Saloni Sharma and Mr.Yakshay Chheda i/b Luthara Law Office for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 22ND DECEMBER, 2017.

P.C. :- 1.

Heard learned counsel for the parties at length. By a separate order passed by this Court today in the Commercial Arbitration Petition No.371 of 2017, the arbitration petition is already 1/2

901-nmcd418-17 admitted. The petitioner has made out a case for grant of stay of the impugned order rendered by the learned arbitrator and more particularly by pointing out prima-facie inconsistent findings recorded by the arbitral tribunal on the issue of admissibility of quantum. The notice of motion is made absolute in terms of prayer clause (a). No order as to costs.

2.

The Chamber Summons No.237 of 2017 to be heard along with the Commercial Arbitration Petition No.371 of 2017 at the stage of final hearing.

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