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Pimpri-Chinchwad Municipal ... vs M/S. Shah Electricals And ...
2021 Latest Caselaw 11151 Bom

Citation : 2021 Latest Caselaw 11151 Bom
Judgement Date : 17 August, 2021

Bombay High Court
Pimpri-Chinchwad Municipal ... vs M/S. Shah Electricals And ... on 17 August, 2021
Bench: G.S. Patel
                                                                 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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