M/S. S. D. Shinde And Company Through Its Prartner Mr. Sagar Ramdas Shinde v. Godavari Marathwada Irrigation Development Corporation And Another

{1} ca4362-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4362 OF 2023 IN ARBITRATION APPEAL NO.15 OF 2020 M/s S. D. Shinde and Company APPLICANT

VERSUS

Godavari Marathwada Irrigation Development Corporation and Another RESPONDENTS .......

Mr. J. N. Singh, Advocate for the applicant Mr. Ruturaj C. Patil, Advocate for for respondents .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 17 th APRIL, 2023 ORDER :

1.

By this civil application, the applicant, original respondent No.1 in Arbitration Appeal No. 15 of 2020, seeks permission to withdraw remaining award amount of Rs.71,66,164/- with accrued interest, by modifying order dated 30th August, 2022, by which condition was imposed to furnish security and undertaking.

2.

Heard learned advocate for the applicant and the learned advocate for the respondents.

3.

Admittedly, challenge raised to the decision of this Court in

{2} ca4362-23.doc Arbitration Appeal No. 15 of 2020 is repelled by the Apex Court vide order dated 14th March, 2023. In that view of the matter and for the reasons stated in the application, the application deserves to be allowed .

4.

In the result, the application is allowed in terms of prayer clause "B".

[NITIN B. SURYAWANSHI] JUDGE drp/ca4362-23.doc