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Bombay High CourtCAM/23/2018ca disposed off

Union Of India Represented By General Manager, South Eastern Railway, Kolkata v. M/S Jimmy Construction Pvt. Ltd., Engineers And Constractors, Nagpur

2018-10-31Hon'Ble Shri Justice A.S. Chandurkar1 pages

AA17-18 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR ARBITRATION APPEAL NO. 17/2018 (THE UNION OF INDIA VERSUS M/S JIMMY CONSTRUCTION PVT. LTD., NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 appellant.

Shri A.C. Dharmadhikari, counsel for respondent. CORAM : A.S. CHANDURKAR, J.

DATE : OCTOBER 31 , 2018.

C.A.M. NO. 23/2018.

By this application, it is prayed that the amounts deposited by the appellant be permitted to be withdrawn. By the award passed by the learned Arbitrator, Rs.22,04,102/- was granted towards the total claim. Amount of interest granted was Rs.25,12,676/-. The appellant has deposited amount of Rs.25,00,000/- in this Court.

On perusing the award as well as the order passed by the Court, the applicant is permitted to withdraw sum of Rs.20,00,000/- subject to filing an undertaking stating therein that in case the appeal is allowed or the amount granted to the applicant is modified that amount would be re-deposited with interest at such rate, the Court may direct. The remaining amount be invested in Fixed Deposit.

Civil application stands disposed of.

JUDGE APTE