The High Court dismissed a notice of motion filed in an arbitration petition. The court refused to grant reliefs as identical relief had already been denied in a related matter.
Notice of Motion No. 423 of 2013 in Arbitration Petition No. 471 of 2012 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
kvm
1/1
5-NMS423.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 423 OF 2013 IN ARBITRATION PETITION NO. 471 OF 2012
Paramount Constructions
….. Applicant/ Org. Respondent
IN THE MATTER BETWEEN
Essar Procurement Services Limited, (Formerly known as 'Essar Projects Ltd.) ….. Petitioner
VERSUS
Paramount Constructions ….. Respondent
Mr.Nivit Srivastav, a/w. Mr.Nakul Jain, i/b. Maniar Srivastav Associates for the Petitioner.
Mr.Hamed Kadiani, i/b. ALMT Legal for the Respondent/Applicant in NMS.
CORAM : R.D. DHANUKA, J. DATED : 8th APRIL, 2015
P.C .
Learned counsel appearing for parties states that in the identical matter in Notice of Motion No.424 of 2013 in Arbitration Petition No.470 of 2012, this court has already refused to grant reliefs in favour of the applicant. For the reasons recorded by this court on 31st January, 2014 in Notice of Motion No.424 of 2013 in Arbitration Petition No.470 of 2012, this notice of motion is dismissed. No order as to costs.
[R.D. DHANUKA, J.]
2 issues framed by the court
Whether to grant identical reliefs sought in a notice of motion filed in relation to an arbitration petition.
Whether this court should grant relief given that identical relief was refused in an identical matter.
Essar Procurement Services Limited
Paramount Constructions
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
