Atc Infrastructure Services Ltd. v. Environ Solar Private Limited And ANR.

40-CARBP30-19+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION NO. 30 OF 2019 ATC Infrastructure Services Ltd

...Petitioner

Versus

Environ Solar Pvt Ltd & Anr

...Respondents

CONTEMPT PETITION (L) NO. 141 OF 2019 Environ Solar Pvt Ltd

...Petitioner

Versus

ATC Infrastructure Services Ltd, formerly known as Idea Cellular Infrastructure

...Respondent

Mr DJ Khambata, Senior Advocate, with Mustafa Doctor, Chirag Mody & KK Somasundram, i/b Bharucha & Partners, for the Petitioner in CARBP/30/2019 & Respondent in CONPL/141/ 2019 .

Mr Rahul Narichania, Senior Advocate, with Sharan Jagtiani, Sumeet Nankani & Vaidehi Naik, i/b Neeti Niyaman, for Respondent No. 1 in CARBP/31/2019 & for the Petitioner in CONPL/141/2019.

CORAM:

G.S. PATEL, J.

DATED:

25th November 2019 PC:- 1.

The parties agree that the interim order dated 3rd December 2018, challenged in this petition under Section 37 of the Arbitration 25th November 2019

40-CARBP30-19+.DOC and Conciliation Act 1996, is to be read to mean that pending the final disposal of the arbitral proceedings, and as regards the claimant obtaining electricity connection from the State Electricity Board or distribution companies at telecom sites, the responsibilities of the 1st respondent in the arbitration petition (the Section 37 petitioner) will be as per terms of the agreement between the parties read with the minutes of meeting admittedly entered into by the parties on 10th October 2017.

2.

The petition is disposed of with this clarification. There will be no order as to costs.

3.

The contempt petition is dismissed as not maintainable. (G. S. PATEL, J) 25th November 2019