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Bombay High CourtWP/18606/2024disposed off

Suyojit Infrastructure Pvt Ltd And ORS v. Union Of India Thr Its Secretary And ORS

2024-12-13Hon'Ble Shri Justice A.S. Gadkari , Hon'Ble Justice Kamal Khata1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18606 OF 2024 Suyojit Infrastructure Pvt. Ltd., Nashik & Ors. .. Petitioners Vs.

Union of India, Through Ministry of Co-operation & Ors.

.. Respondents Mr. Vivek S. Salunke with Mr. Vivek Punjabi and Mr. Priyansh Jain, i/by Mr. Parichehr Zaiwalla, Advocates for the Petitioners. None for the Respondents.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 13TH DECEMBER 2024.

P.C. :

1.

The learned counsel for the petitioners, on instructions, submits that the petitioners are willing to deposit an amount of Rs.2,40,03,912.50 to show their bonafides for pursuing the challenge raised in the writ petition. Our attention is invited to the undertaking submitted by the petitioners on 23rd April 2024 below Exhibit-14 which has been considered by the Arbitrator while partly allowing the application below Exhibit-5. Prima facie, this undertaking safeguards the interest of the respondent no.3Bank. 2.

Issue notice to the respondents, returnable on 17th January 2025. 3.

Subject to the undertaking at Exhibit-14 being complied with by not creating any third party rights or encumbrances, Clauses (c) and (d) of the order dated 6th June 2024 passed in Arbitration Dispute No.01/2024 shall remain in abeyance till the next date of the hearing. 4.

Parties to act on authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 1/1 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.12.13 17:48:51 +0530 Dixit SNEHA ABHAY DIXIT 901-WP-18606-2024.doc