Phe Consultants v. Municipal Corporation Of Greater Mumbai And ORS
Sbw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.4095 OF 2025 IN ARBITRATION PETITION (L) NO.35800 OF 2024 PHE Consultants ... Applicant In the matter between Municipal Corporation of Greater Mumbai ... Petitioner v/s.
Mott Macdonald Ltd & Ors.
... Respondents AND INTERIM APPLICATION (L) NO.36426 OF 2024 IN ARBITRATION PETITION (L) NO. 35800 OF 2024 Digitally signed by SANDHYA BHAGU WADHWA Date:
2025.09.20 16:02:07 +0530 Municipal Corporation of Greater Mumbai ... Applicant/Petitioner SANDHYA BHAGU WADHWA v/s.
Mott Macdonald Ltd & Ors.
... Respondents _______________________ Mr. Naushad Engineer, Senior Advocate, a/w Mr. Hasmit Lahoti i/by Proxis Legal for the Applicant in IA/4095/2025 and for Respondent in IAL/36426/2024.
Mr. G.S. Godbole, Senior Advocate, a/w Mr. Rahul Soman & Ms. Pooja Yadav i/by Ms. Komal Punjabi for the Petitioner/Applicant BMC in IAL36426/2024 and for Respondent in IAL/4095/2025. for the Respondent.
_______________________ 1/3
CORAM : KAMAL KHATA, J.
DATED : 19TH SEPTEMBER 2025.
P.C. :
1.
By this Application, the Applicant seeks withdrawal of a sum of Rs.31,99,38,354/- upon furnishing the Bank Guarantee to the satisfaction of the learned Prothonotary and Senior Master. 2.
The learned Senior Counsel undertakes to give a Bank Guarantee of IDBI Bank for the said amount, in accordance with the prevailing rate of interest. He further submits that he is one of the four concerned entitled to receive the amounts. 3.
I find no impediment in permitting such withdrawal, subject to the condition that the Applicant furnishes the aforesaid Bank Guarantee for the said sum.
4.
Accordingly, the Interim Application No.4095 of 2025 is allowed in terms of prayer clause a(i).
5.
All concerned to act on an authenticated copy of this order. 6.
The parties shall exchange their consolidated list of dates and events, written submissions - structured as a point-wise reply to the Opponents' contentions and relevant case law relied upon, by 4th November 2025.
2/3
7.
List the matter on 7th November 2025 under the caption 'for admission', to be tagged along with Interim Application (L) No.14787 of 2025.
(KAMAL KHATA, J.) 3/3