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Bombay High CourtIA/5595/2025disposed off

Mahalaxmi Transport Private Limited v. Essel Lucknow Raebareli Tolls Roads Ltd

2025-12-05Hon'Ble Shri Justice Manish Pitale2 pages

20_IA5595_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.5595 OF 2025 IN COMMERCIAL ARBITRATION PETITION NO.290 OF 2025 MTS (Mahalaxmi Transport) Pvt. Ltd.

...

Applicant In the matter between:

Essel Lucknow Raebareli Tolls Roads Limited ...

Petitioner Vs.

MTS (Mahalaxmi Transport) Pvt. Ltd.

...

Respondent WITH INTERIM APPLICATION NO.2032 OF 2025 IN COMMERCIAL ARBITRATION PETITION NO.290 OF 2025 --- Mr. Kazan Shroff a/w. Mr. Vikash Kumar i/b. Lex Legal & Partners for Applicant in IA/5595/2025 and for Respondent in CARBP/290/2025. None for Petitioner.

CORAM : MANISH PITALE, J.

DATE : DECEMBER 05, 2025 P.C. :

INTERIM APPLICATION NO.5595 OF 2025 .

This is an application filed by the original respondent seeking permission to withdraw the awarded amount deposited by the original petitioner in this Court. In terms of the order dated 06.10.2025, the applicant has filed additional affidavit along with supporting documents, including valuation reports to support the prayer made in the application. A copy of the said affidavit has been served upon the original petitioner. MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2025.12.06 10:40:33 +0530 2.

The said additional affidavit is not shared with this Court although it is submitted that the same had been e-filed. 1/2

20_IA5595_25.doc 3.

The office to verify and in the event, the additional affidavit is not found on record, the advocate on record for the applicant shall be intimated, who shall then ensure that the additional affidavit is placed on record within a week of such intimation.

4.

Today, there is no appearance on behalf of the original petitioner while, the learned counsel for the applicant is constrained to press for relief in the present application in the light of a GST notice received by the applicant, which is a MSME entity.

5.

In view of the above, list for further consideration on 19.12.2025, to be included in the supplementary list.

(MANISH PITALE, J.) Minal Parab 2/2