Atul And Arkade Realty vs I.A.And I.C. Pvt Ltd. And 2 Ors
2021 Latest Caselaw 16355 Bom

                                        1                 9-arbp [email protected] 72-13

psv
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION

                      ARBITRATION PETITION NO.1137 OF 2012
                                     WITH
                      ARBITRATION APPLICATION NO.72 OF 2013

      M/s. Atul & Arkade Realty                         ..Petitioner/Applicant
                    Vs.
      I.A. & I.C. Private Ltd. & Ors.                   ..Respondents
                                          -----

      Mr. Pranav Desai with Mr.Krishna Moorthy i/b. M/s.Wadia Ghandy &
      Co. for Petitioner/Applicant.
      Mr. Vishal Pattabiraman i/b. M/s. Purohit & Company for Respondents.
                                         -----

                                CORAM :      G.S. KULKARNI, J.

                                DATE :       NOVEMBER 25, 2021

      P.C.:

1. Learned counsel for the petitioner/applicant states that the petition along with the application is circulated in pursuance of the order dated 25 October, 2021 passed by the Supreme Court in Special Leave Petition (Civil) Diary No.24275/2021. The Supreme Court referring to the submissions urged on behalf of the petitioner referring to the decisions of (i) Vidya Drolia & Others vs. Durga Trading Corporation1, (ii) N. N. Global Mercantile Pvt. Limited vs. Indo Unique Flame Limited and others2 and (iii) Pravin Electricals Pvt. Limited vs. Galaxy Infra Engineering Pvt. Ltd.3 has requested this Court to dispose of these matters within a period of three months from the date of communication of such order, taking into consideration the legal position as of today. The Supreme Court has also granted liberty to the petitioner to cite the above judgments before this Court at the time of 1 (2021) 2 SCC 1 2 (2021) 4 SCC 379 3 (2021) 5 SCC 671 2 9-arbp [email protected] 72-13

hearing of these matters.

2. Accordingly, the petition along with the application would be required to be heard as observed by the Supreme Court. Learned counsel for the petitioner states that to bring home the point which the petitioner intends to urge in pursuance of the orders passed by the Supreme Court, the petitioner needs to file an additional affidavit. Let the additional affidavit be filed within one week from today. Rejoinder, if any, be filed within one week thereafter.

3. List the petition along with the application for hearing on 09 December, 2021.

[G.S. KULKARNI, J.] Digitally signed by PRAJAKTA PRAJAKTA SAGAR SAGAR VARTAK VARTAK Date:

2021.11.27 15:10:19 +0530