Dilip Buildcon Limited v. Maharashtra State Road Development Corporation Limited

by MULEY SHUBHAM PRAVINRAO Date:

2024.10.05 16:27:22 +0530 1 46-CARAP-126-2024.doc MULEY SHUBHAM PRAVINRAO

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION APPLICATION NO. 126 OF 2024 Dilip Buildcon Limited ...Applicant Vs.

Maharashtra State Road Development Corporation Limited ...Respondent ----------------- Mr. Amir Arsiwala a/w Monika Tanna, Dhara Modi and Nandita Dethe i/by Singhania Legal Services for the Applicant.

Mr. J. D'Souza i/by Bulwark Solicitor for the Respondent. ----------------- CORAM : ARIF S. DOCTOR, J.

DATE : 3RD OCTOBER, 2024 P.C.:- 1.

Stand over to 10 th October, 2024 to enable Learned Counsel for the Respondent to take necessary instructions since it has been submitted that though the contract provides for a mechanism to be followed, that mechanism has not been followed. The steering committee in question to which disputes are supposed to go, I am informed, has been constituted only after filing the present Section 11 application on 14 th September, 2024. Hence, in light of the law laid down in the judgment of Visa International Ltd. Vs. Continental Resources (USA) 1 and Datar Switchgears Ltd. Vs. Tata Finance Ltd. 2 it would possibly not be Ltd.

(2009) 2 SCC 55 (2000) 8 SCC 151 Shubham 1/2

2 46-CARAP-126-2024.doc open for the Respondents to take the defence that there is a steering committee now in place.

(ARIF S. DOCTOR, J.) Shubham 2/2