Star Plasto Mould Pvt. Ltd. v. A. W. Faber Castell (India) Pvt. Ltd.

902-nmcdl1784-19.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTCE OF MOTION (LDG.) NO.1784 OF 2019 IN COMMERCIAL ARBITRATION PETITION (LDG.) NO.694 OF 2019 Star Plasto Mould Pvt. Ltd.

...Applicant

IN THE MATTER BETWEEN :

Star Plasto Mould Pvt. Ltd.

...Petitioner

V/s.

A.W. Faber Castell (India) Pvt. Ltd.

...Respondent

Mr.Ravichandran Iyer with Ms.Shweta Sharma for the Applicant / Petitioner.

Mr.Gaurav Mehta with Ms.Anal Desai I/b M/s.Advaya Legal for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 8TH AUGUST, 2019.

P.C. :- 1.

By a separate order passed today by this Court, the commercial arbitration petition filed by the applicant is already admitted. Learned arbitrator has rejected all the claims made by the applicant and has awarded costs of Rs.10,97,521/- with simple interest at the rate of 7.5% p.a. on the said amount till payment. 2.

Since the learned arbitrator has rejected all the claims made by the applicant, he has awarded the costs. 3.

The impugned award rendered by the learned arbitrator insofar as the award of costs is concerned, is stayed on the condition that the applicant deposits 50% of the said amount in this Court within two weeks from today. It is made clear that if the amount is not 1/2

902-nmcdl1784-19.doc deposited by the applicant within the time prescribed, the interim stay granted by this Court shall stand vacated without further reference to the Court. If the amount is deposited by the applicant within the time prescribed, the respondent would be at liberty to withdraw the said amount upon furnishing a bank guarantee of a nationalized bank which shall be kept alive for a period of one year and thereafter for like period after obtaining further order from this Court depending upon the pendency of the arbitration petition. 4.

The notice of motion is disposed of on aforesaid terms. Hearing of the petition is expedited. The petitioner is permitted to file compilation of pleadings and documents in the office of the Prothonotary & Senior Master of this court during the course of the day.

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