Aurangabad Auto Engineering Pvt. Ltd,. Through Its Authorized Signatory v. M/S Tank Auto Tooling (P) Ltd Having Its Registered Office

1 Arb. Appeal-7-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ARBITRATION APPEAL NO. 7 OF 2014 AND CIVIL APPLICATION NO. 9805 OF 2014 Aurangabad Auto Engineering Pvt. Ltd., Through its Authorized Signatory .. Appellant/ Applicant

VERSUS

M/s Tank Auto Tooling (P) Ltd.

.. Respondent ---- Mr. L.D. Vakil, Advocate for the appellant/applicant Mr. B.R. Kedar, Advocate for the respondent ---- CORAM : M.T. JOSHI, J.

DATE : 04/02/2015 ORAL ORDER :

1.

Heard.

2.

During hearing, both sides agree that instead of hearing the present appeal on merit, since learned District Judge has disposed of the application on the ground of non-deposit of the necessary amount, which is a disputed matter between the parties, the present appeal be allowed on the condition that the appellant deposits an additional amount of Rs.1,00,000/- in the District Court, within a period of four (4) weeks from the date of this order. Upon deposit of the said

2 Arb. Appeal-7-2014 amount, the appeal shall stand allowed and the impugned order shall stand quashed and set aside and the matter shall stand remanded back to the learned trial Court on the issues on merit, including the issue of limitation, which shall remain open for decision on merit by the learned District Judge.

3.

With these directions, the arbitration appeal is disposed of without any order as to costs. 4.

Consequently, Civil Application no. 9805 of 2014 seeking stay to the impugned award does not survive and the same stands disposed of.

[M.T. JOSHI] JUDGE arp/