M/S Shamvik Glasstech Pvt. Ltd. Thr. Its Genaral Manager v. Shashikiran Engineering Works Kalpataru Industrial Estate Dhokali

16.WP.3456.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3456 OF 2024 M/s. Shamvik Glasstech Pvt. Ltd.

.. Petitioner

Versus

Shashikiran Engineering Works Kalpataru Industrial Estate Dhokali .. Respondent ....................

 Mr. Dilip Bodake, Advocate for Petitioner.

 Mr. Chandrakant P. Yadav, Advocate for Respondent. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 01, 2024 P.C.

:

1.

Heard Mr. Bodake, learned Advocate for Petitioner and Mr. Yadav, learned Advocate for Respondent.

2.

The order dated 10.05.2024 stands continued in view of the fact that Miscellaneous Application No.166 of 2024 have been filed in compliance of directions contained in paragraph No.12 of the order dated 10.05.2024 seeking condonation of delay in filing Application under Section 34 before District Court.

3.

I am informed by Mr. Bodake that notices are issued on 25.06.2024 and made returnable on 16.07.2024 and in that view of the matter, the learned District Court is directed to dispose of Miscellaneous Application No.166 of 2024 as also Application filed under Section 34 for admission as expeditiously as possible and in any event within a period of four weeks from today. After period of four

16.WP.3456.2024.doc weeks is over paragraph No.13 of the order dated 10.05.2024 shall come into in operation, subject to the orders passed by the Court. 4.

In view of the above, no purpose will be served keeping the Writ Petition pending since this Court has now ruled that embargo contained in paragraph No.13 shall remain in operation for a period of four weeks only from today and it shall be subject to orders passed in the Section 34 challenge to the Award on admission. After four weeks depending upon outcome of the admission of the Application filed under Section 34 by the Writ Petitioner, the learned Court is free to pass appropriate orders either by itself or in execution proceedings. All contentions of parties are expressly kept open. Liberty to apply. 5.

With the above directions, Writ Petition is disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2024.07.01 17:39:10 +0530 HARSHADA HANUMANT SAWANT