Citation : 2021 Latest Caselaw 11151 Bom
Judgement Date : 17 August, 2021
11-15-ARAST-3042-2020+.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION APPEAL (ST) NO. 3042 OF 2020
Pimpri-Chinchwad Municipal Corporation ...Appellant
Through its Additional Commissioner Santosh
Patil
Versus
Shah Electricals & Engineering Works Through ...Respondent
its Proprietor K Kenia
WITH INTERIM APPLICATION (ST) NO. 15210 OF 2021 IN ARBITRATION APPEAL (ST) NO. 3042 OF 2020 WITH INTERIM APPLICATION NO. 2136 OF 2020 IN ARBITRATION APPEAL (ST) NO. 3042 OF 2020
AND ARBITRATION APPEAL (ST) NO. 3043 OF 2020
Pimpri-Chinchwad Municipal Corporation ...Appellant Digitally signed by Through its Additional Commissioner Santosh ARUN ARUN RAMCHNDRA Patil RAMCHNDRA SANKPAL SANKPAL Date:
Versus 2021.08.18 10:24:29 Shah Electricals & Engineering Works Through ...Respondent +0530 its Proprietor K Kenia
17th August 2021 11-15-ARAST-3042-2020+.DOC
WITH INTERIM APPLICATION (ST) NO. 15214 OF 2021 IN ARBITRATION APPEAL (ST) NO. 3043 OF 2020 WITH INTERIM APPLICATION NO. 2137 OF 2020 IN ARBITRATION APPEAL (ST) NO. 3043 OF 2020
AND ARBITRATION APPEAL (ST) NO. 3045 OF 2020
Pimpri-Chinchwad Municipal Corporation ...Appellant Through its Additional Commissioner Santosh Patil Versus Shah Electricals & Engineering Works Through ...Respondent its Proprietor K Kenia
WITH INTERIM APPLICATION (ST) NO. 15201 OF 2021 IN ARBITRATION APPEAL (ST) NO. 3045 OF 2020 WITH INTERIM APPLICATION NO. 2138 OF 2020 IN ARBITRATION APPEAL (ST) NO. 3045 OF 2020
17th August 2021 11-15-ARAST-3042-2020+.DOC
AND ARBITRATION APPEAL (ST) NO. 3047 OF 2020
Pimpri-Chinchwad Municipal Corporation ...Appellant Through its Additional Commissioner Santosh Patil Versus Shah Electricals & Engineering Works Through ...Respondent its Proprietor K Kenia
WITH INTERIM APPLICATION (ST) NO. 15199 OF 2021 IN ARBITRATION APPEAL (ST) NO. 3047 OF 2020 WITH INTERIM APPLICATION NO. 2139 OF 2020 IN ARBITRATION APPEAL (ST) NO. 3045 OF 2020
AND ARBITRATION APPEAL (ST) NO. 3048 OF 2020
Pimpri-Chinchwad Municipal Corporation ...Appellant Through its Additional Commissioner Santosh Patil Versus Shah Electricals & Engineering Works Through ...Respondent its Proprietor K Kenia
WITH
17th August 2021 11-15-ARAST-3042-2020+.DOC
INTERIM APPLICATION (ST) NO. 15180 OF 2021 IN ARBITRATION APPEAL (ST) NO. 3048 OF 2020 WITH INTERIM APPLICATION NO. 2140 OF 2020 IN ARBITRATION APPEAL (ST) NO. 3048 OF 2020
Mr Rohit Sakhadeo, for the Appellant-PCMC in all matters.
Mr Zal Andhyarujina, Senior Advocate, with Mihir Mody and Dhaval A Patil, i/b M/s K Ashar & Co, for Respondent No.1 in all matters.
CORAM: G.S. PATEL, J (Through Video Conferencing) DATED: 17th August 2021 PC:-
1. The Appellants, the Pimpri-Chinchwad Municipal Corporation ("PCMC") will deposit the entire amount awarded in each case (i.e., the basic amount awarded, past interest and pendente lite) with the executing Court viz., the District Court, Pune, on or before 9th September 2021.
2. In the meantime, Mr Andhyarujina accepts notice on the Petitioner's Interim Applications for condonation of delay in each Petition. Affidavits in Reply to be filed on or before 2nd September
17th August 2021 11-15-ARAST-3042-2020+.DOC
2021. Since this is a matter of computation of days of delay and considering a few the judgments, a rejoinder is not necessary.
3. The Respondents-Award Holder is at liberty to apply to the executing Court for a withdrawal of the amount deposited. The executing Court will consider that Application on its merits and subject to such terms and conditions as deem fit.
4. Subject to the deposit being made, and on after the deposit is made, there will be a stay of the execution proceedings.
5. If Mr Sakhadeo wishes to move an amendment to the Interim Applications, he is at liberty to file another substantive Interim Application in each Petition for that purpose.
6. List the entire group on 23rd September 2021.
7. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production of an ordinary copy of this order.
(G. S. PATEL, J)
17th August 2021
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