Pdvvpfs Ahmednagar Medical College And Hospital Thr Director Dr. Abhijit Diliprao Diwate v. M/S Rusi Khambatta And Associates

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 901 CIVIL APPLICATION NO. 9793 OF 2023 IN ARBAST/26/2023 Pdvvpfs Ahmednagar Medical College And Hospital Thr Director Dr. Abhijit Diliprao Diwate

VERSUS

M/s Rusi Khambatta And Associates ...

Advocate for Applicant : Mr. Ostwal Abhaykumar Dilip Advocate for Respondents : Mr. Dixit Sushant V. ...

WITH CIVIL APPLICATION NO. 9794 OF 2023 IN ARBAST/26/2023 ....

CORAM : ARUN R. PEDNEKER, J.

Dated : October 24, 2024.

PER COURT :- 1.

Heard the learned counsel for the parties.

2.

Civil Application No. 9793/2023 is filed for condonation of a delay of 137 days caused in filing the Arbitration Appeal. With the concurrence of the respondent, the said application is allowed on the condition that the petitioner deposits an additional Rs. 60 lakhs in this Court in two installments: Rs. 30 lakh within four weeks from today, and Rs. 30 lakhs within two weeks thereafter.

3.

After the amount being deposited, the respondent is permitted to withdraw a total amount of Rs. 50 lakh, i.e. Rs. 25 lakh on an undertaking Page 1 of

901 CA 9793-2023 to the satisfaction of the Registrar (Judicial) of this Court, and Rs. 25 lakh on solvent surety.

4.

After the deposit of the amount, list the appeal for hearing. 5.

Execution proceedings will remain stayed until the next date. 6.

The balance amount in this Court should be deposited in a Fixed Deposit. CA/9793/2023 is disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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