Bombay High CourtCAO/1734/2018admittedallwdgrantedrule absolute

Union Of India Represented By Dy. Chief Engineer, (Construction), S.E.C.Railway, Nagpur v. M/S Jimmy Construction Pvt. Ltd., Engineers And Constractors, Nagpur

2018-09-28Hon'Ble Shri Justice A.S. Chandurkar2 pages

CAO1734-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAO NO. 1734/2018 AND MCA ST. NO.22433/2018 IN R.C. NO. 589/2018 (THE UNION OF INDIA VERSUS M/S JIMMY CONSTRUCTION PVT. LTD.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.P. Lambat, counsel for the applicant.

Shri A.C. Dharmadhikari, counsel for the non-applicant. CORAM : A.S. CHANDURKAR, J.

DATE : SEPTEMBER 28 , 2018.

Notice on the applications is made returnable forthwith. Shri A.C. Dharmadhikari, learned counsel, waives notice on behalf of the non-applicant. Though the prayers as made are opposed by the learned counsel for the non-applicant, considering reasons mentioned, the delay in seeking restoration of the appeal stands condoned. The Arbitration Appeal is restored to file subject to removal of Office objections within a period of two weeks from today.

A.A. ST. NO.8393/2018 (R.C. NO.589/2018).

Issue notice to the respondent returnable on 19.10.2018.

Shri A.C. Dharmadhikari, learned counsel, waives notice on behalf of the respondent.

C.A.O. NO.1735/2018.

By this application, it is prayed that the effect and operation of the judgment passed by the learned Principal District Judge in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 be stayed during pendency of the appeal. Perused the award dated 22.03.2011.

CAO1734-18 For the present, on the applicant depositing amount of Rupees Twenty Five Lakhs in this Court within a period of four weeks from today, the execution of the impugned award shall remain stayed.

JUDGE APTE