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Bombay High CourtNMCD/561/2017disposed off

Maharashtra State Electricity Distribution Company Limited v. Pratik Conductors Pvt Ltd Through Its Director Pratik Jain

2017-12-21Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 0-NMCD561.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN IT'S COMMERCIAL DIVISION COMM.NOTICE OF MOTION NO. 561 OF 2017 IN COMM. ARBITRATION PETITION NO. 458 OF 2017 ALONGWITH COMM. ARBITRATION PETITION NO. 458 OF 2017 Maharashtra State Electricity Distribution Company Limited ..... Applicant (Org. Petitioner)

IN THE MATTER BETWEEN

Maharashtra State Electricity Distribution Company Limited ..... Petitioner

VERSUS

Pratik Conductors Pvt. Ltd.

..... Respondent Mr.M.S.Doctor, Senior Advocate, i/b. Legasis Partners for the Petitioner/Applicant.

Mr.Abhijit Desai for the Respondent.

CORAM : R.D.DHANUKA, J.

DATE : 21st DECEMBER, 2017 P.C.

Matter is mentioned. Not on board.

2.

Without prejudice to the rights and contentions of the parties, the applicant seeks to deposit the entire awarded sum with interest in this Court within one week from today. Statement made by the learned senior counsel for the applicant is accepted.

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Office is directed to accept the amount and shall invest the said amount in the fixed deposit of a nationalized bank initially for a period of one year and for a like period after obtaining further orders from this court.

4.

In view of the statement made by the learned senior counsel for the applicant, notice of motion is made absolute in terms of prayer clauses (a) and (b). It is made clear that if the amount is not deposited, the order passed by this Court granting stay to stand vacated without further reference to Court.

5.

It is made clear that the amount deposited by the petitioner is also subject to the issue of territorial jurisdiction of this Court raised by the respondent which can be decided by this Court at the stage of admission of the arbitration petition. No order as to costs. 6.

Place the arbitration petition on board for admission on 18th January,2018.

(R.D.DHANUKA, J.)