Bombay High Court
Kirloskar Brothers Ltd.,Pune vs Lilly Maritime Private Limited, ... on 2 February, 2022
Bench: R. I. Chagla
7.IAST.24926.21 IN ARAST.24925.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (ST.) NO. 24926 OF 2021
IN
ARBITRATION APPEAL (ST). NO. 24925 OF 2021
Kirloskar Brothers Limited ... Applicant/Appellant
Versus
Lilly Maritime Private Limited ... Respondent/Defendant
Mr. Siddhartha R. Ronghe for the Applicant/Appellant.
CORAM : R.I. CHAGLA, J.
DATED : 2nd FEBRUARY, 2022.
(V.C.)
ORDER :
1 The learned Counsel for the Applicant/Appellant has moved
for urgent ad-interim relief in the Interim Application filed in the above
Arbitration Appeal by seeking ad-interim stay of the execution,
implementation, operation and effect of the orders dated 16.12.2017
passed by the Arbitral Tribunal Pune and impugned judgment and order
dated 20.09.2021 passed in Civil M.A. No.268 of 2018 and Darkhast
proceeding bearing No.1772 of 2019 in Misc. Application No.268 of 2018.
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7.IAST.24926.21 IN ARAST.24925.21.doc
2 The learned Counsel appearing for the Applicant/Appellant
has referred to the order dated 24.09.2021 which had been passed in
M.A. No.268 of 2018 by the District Judge-19 Pune, ("Darkhast Order")
wherein the execution proceeding i.e. implementation of the arbitral
award was stayed subject to payment of Rs.68,16,051.15 towards
compensation for the loss caused to the Barge "JB SENGAMALAM" and
further payment of an amount of Rs.14,80,000/- as the bank guarantee,
in the Court on or before 27.09.2019. He has submitted that the said
order dated 24.09.2019 was complied with and execution proceeding was
stayed. However, by virtue of the judgment and order dated 20.09.2021,
passed by the District Judge-19 Pune, in Civil M.A. No.268 of 2018 filed
by the Applicant/Appellant came to be dismissed and by virtue of which
the Darkhast order dated 24.09.2019 passed below Exhibit 25 to
execution proceeding bearing Darkhast No.1772 of 2019, was vacated.
He has submitted that in view of the Applicant/ Appellant having
complied with the terms of the Darkhast order dated 24.09.2019 and by
paying the aforementioned sum towards compensation for the loss caused
to the Barge "JB SENGAMALAM" and further payment of aforementioned
sum as bank guarantee, the Darkhast proceedings are required to be
stayed.
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7.IAST.24926.21 IN ARAST.24925.21.doc
3 Having considered the submission of the learned Counsel for
the Applicant/Appellant and considering the fact that by Darkhast order
dated 24.09.2019 the Darkast proceeding was stayed conditional upon
the payment of Rs.68,16,051.15 towards compensation for the loss caused
to the Barge "JB SENGAMALAM" and further payment of an amount of
Rs.14,80,000/- as the bank guarantee in the Court and the Applicant/
Appellant having complied with the said Darkhast order by making the
aforementioned payments, it would be appropriate by way of ad-interim
order to stay the Darkhast proceeding being Darkhast No.1772 of 2019 till
the next date.
4 The Applicant/Appellant shall serve notice of this ad-interim
order on the Respondent on or before 11.02.2022. In addition to private
notice, the office is directed to issue notice on the Respondent, returnable
on 18.02.2022.
5 List the Interim Application (ST.) No. 24926 OF 2021 on
18.02.2022 under the caption for ad-interim relief.
6 Parties to act on an authenticated copy of this order.
Digitally signed
by WAISHALI
SUSHIL
WAISHALI WAGHMARE
SUSHIL Date:
(R.I. CHAGLA, J.)
WAGHMARE 2022.02.02
17:02:09
+0530
Waghmare 3/3
