Maha. Airport Development ... vs Ispat Industries Ltd., Mumbai ...
2022 Latest Caselaw 5706 Bom

                                                          -1-                            942.AA.23.2022.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH AT NAGPUR

                            ARBITRATION APPEAL (AA) NO.23/2022
               Maharashtra Airport Development Company Limited Vs. Ispat Industries (Now JSW Steel
                                        Coated Products Ltd)
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                       Mr. S.Y. Deopujari, Counsel for the Appellant.


                                       CORAM : MANISH PITALE, J.

DATED : 22nd JUNE, 2022.

Heard learned counsel for the appellant.

2. This is the second round of litigation before this Court, as on earlier occasion, the respondent had approached this Court, whereby appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, was partly allowed and the matter was remitted to the District Court for fresh consideration. Thereafter, the impugned judgment and order has been passed, whereby the District Court has allowed the application filed by the respondent under Section 34 of the said Act, setting aside the award of arbitrator and further direction has been given to the appellant to refund an amount of Rs.40,00,000/- with 9 per cent interest from 01.01.2008.

3. Considering the chequered history of the present litigation and specific grounds raised in the present appeal, a prima facie case appears to be made out by the appellant.

-2- 942.AA.23.2022.odt

4. Hence, issue notice for final disposal to the respondent, returnable on 3rd August, 2022.

5. In the meanwhile, there shall be ad-interim stay of the impugned judgment and order in terms of prayer Clause (2).

JUDGE

Vijay

Signed By:VIJAY KUMAR Personal Assistant Signing Date:24.06.2022 10:58