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Bombay High CourtAPP/140/2015disposed off

New Consolidated Construction Co.Ltd. v. M/S. Serum Bio Pharma Park And 2 ORS.

2023-07-03Hon'Ble The Acting Chief Justice,Hon'Ble Justice Shri Arif S. Doctor2 pages

JPP

2. APP 140.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 140 OF 2015 IN ARBITRATION PETITION NO. 307 OF 2014 New Consolidated Construction Co. Ltd.

... Appellant V/s.

M/s. Serum Bio Pharma Park and Ors.

... Respondents WITH INTERIM APPLICATION NO. 2916 OF 2021 IN APPEAL NO. 140 OF 2015 M/s. Serum Bio Pharma Park and Ors.

... Applicants V/s.

New Consolidated Construction Co. Ltd.

... Respondent None for the Appellants Mr. Aditya Mehta with Ipshita Sen with Meiron Damania i/b. Gagrats for the Respondent CORAM : NITIN JAMDAR , ACJ & ARIF S. DOCTOR, J.

DATE : 03 JULY 2023 P.C. :- The matter is placed on board for filing consent terms. By order dated 23 June 2023, the Prothonotary and Senior Master was directed to depute an officer to examine whether the consent terms are in order as regards the signatures, etc.

JPP

2. APP 140.15.doc 2.

Registry has certified after examination that the consent terms have been duly signed and Vakalatnama resolutions are in place.

3.

The learned Counsel for the Respondents states that all parties have signed the consent terms.

4.

We have perused the consent terms. The Arbitral Award was on monetary terms and the parties have agreed to settle the dispute on monetary terms which have been referred to in the consent terms. We do not find that there is anything illegal in the said consent terms.

5.

The consent terms are accordingly taken on record and marked 'X'.

6.

The Appeal is admitted and is disposed of in terms of the consent terms. We make it clear that these consent terms will not permit the parties to override any provision of law neither they would be binding on the parties who are not signatories to the consent terms.

7.

Appeal is accordingly disposed of.

8.

Pending Interim Application is also disposed of. ARIF S. DOCTOR, J.

ACTING CHIEF JUSTICE JYOTI PRAKASH PAWAR by JYOTI PRAKASH PAWAR Date: 2023.07.04 14:44:06 +0530