Bombay High CourtCAO/1453/2016admittedallwdgrantedrule absolute

T. S. Kisan And Company Pvt. Ltd., Faridbad v. Union Of India Thr. Office, Director General Ordnance Factory Board Ministry Of Defence And 2

2016-08-19Hon'Ble Shri Justice Z.A. Haq3 pages

1 cao1453.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO.1453/2016 IN MISCELLANEOUS CIVIL APPLICATION NO.1109/2015 T.S. Kisan and Company Pvt. Ltd.

..VS..

Union of India and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 19.8.2016.

Heard Shri P.P. Patil, Advocate for the applicant and Shri A.M. Joshi, Advocate for the non-applicants. Considering the tenor of the order and considering Clauses 17 and 18 of the agreement dated 21st July, 2008 it is clear that the contention of the applicant raised in this application is proper and the order passed in Miscellaneous Civil Application No.1109/2015 on 13th July, 2016 is required to be modified by directing that the learned Arbitrator shall also consider the dispute between the parties in respect of the supply order No.NL 0117/D/Unit-05 dated 21st July, 2008.

Hence, the following order:

In paragraph No.9 Clause (i) at the end of the sentence following be added "and supply order No.NL

2 cao1453.16 0117/D/Unit-05 dated 21st July, 2008" so that para No.9 Clause (i) reads as follows:

"Shri A.P. Deshpande, former Judge of this Court is appointed as an Arbitrator to resolve the dispute between the parties in respect of supply order No.1081477/A1 dated 29th March, 2009 and supply order No.NL 0117/D/Unit-05 dated 21st July, 2008."

Civil application is allowed accordingly.

JUDGE Tambaskar.

3 cao1453.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 19.8.2016.

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