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Bombay High CourtCAM/26/2022allowed

Union Of India, Department Of Posts Thr. Exe. Engineer (Postal) Civil Division, Nagpur v. H.N. Singh Construction Company, Nagpur Thr. Partner Harnath Singh S/O Late Ram Singh And Another

2022-08-05Hon'Ble Shri Justice Vinay Joshi2 pages

1 24 CAM 24.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 24 OF 2022 IN ARBITRATION APPEAL NO. OF 2022 Union of India, Department of Posts ..vs..

H.N. Singh Construction Company and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dr. R.S. Sundaram, Advocate a/w Advocate U.R. Tanna, for applicant/appellant.

CORAM :

VINAY JOSHI, J .

DATED :

05/08/2022.

Heard.

2.

The applicant/appellant has challenged the rejection of application filed under Section 34 of the Arbitration and Conciliation Act by the Principal District Judge, Nagpur.

3.

Issue notice to the respondents, returnable on 26.08.2022.

CIVIL APPLICATION NO. 25 OF 2022.

Heard.

2.

The arbitral award has been passed against the appellant for a sum of Rs.5,05,794/-. It is submitted that in pursuance of the award passed though challenge the same before the District Judge, has deposited entire awarded amount to the tune of Rs.5,75,794/- on 01.06.2005 in the District Court and has already been withdrawn by respondent on

2 24 CAM 24.2022 furnishing bank guarantee.

3.

It is informed that though the award was satisfied, still the respondent has amended the Regular Darkhast No.28 of 2006 claiming interest which is not due. It is informed that Executing Court has issued warrant for recovery of added sum.

4.

Having regard to these submissions, further proceeding of execution stand stayed till the next date. 5.

Stand over to 26.08.2022.

CIVIL APPLICATION NO. 26 OF 2022 This is an application seeking permission to file documents on record.

2.

For the reasons stated, the application is allowed and disposed of accordingly.

(VINAY JOSHI, J.) Trupti TRUPTI SANTOSHJI AGRAWAL 05.08.2022 15:12