M/S. Accurate Facilities India v. M/S. Simple Engineering Solutions

39.ARA.89.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.89 OF 2024 M/s. Accurate Facilities India ...Appellant

Versus

M/s. Simple Engineering Solutions

...Respondent

WITH INTERIM APPLICATION NO.13865 OF 2024 WITH INTERIM APPLICATION NO.12822 OF 2024 IN ARBITRATION APPEAL NO.89 OF 2024 Ms Shamamah Kazi a/w. Sagar Pujari, Advocate for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : JUNE 10, 2025 PC :

1.

Learned Counsel for the Appellant seeks an adjournment by four weeks.

2.

On the last occasion taking note of the fact that the amount involved was nearly Rs. 5 Lacs and there had been two concurrent findings in favour of the Respondent, a statement of costs had been sought from both parties. It is seen that the Appellant is said to have spent nearly Rs. 5 Lacs in the matter, whereas the Respondent is said to Digitally signed by AARTI GAJANAN PALKAR Date:

2025.06.12 12:15:28 +0530 AARTI GAJANAN PALKAR JUNE 10, 2025 Aarti Palkar

39.ARA.89.2024.doc have spent more than Rs.5 Lacs - all in connection with an impugned award for Rs. 5 lakhs.

3.

It is another matter that under the MSME Act, statutory interest is running against the Appellant, but it would be inappropriate to effect an adjournment by this long period within such a factual matrix. 4.

Purely as a last chance to accommodate the Appellant, this matter would be listed immediately after the Section 29A matters on June 20, 2025. It is made clear that the matter would move on that date without any request for adjournment being entertained. 5.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] JUNE 10, 2025 Aarti Palkar