Allowed

Union of India through the Director General Naval Project (Mb) v. M/S. Richa Construction Co. through Its Partner Mr. Greesh Agarwal

Bombay HC22 Apr 2015RP/41/2015

Case brief

AI extract

What is this about?

The Bench allowed a review petition seeking recall of an interim order. The petitioners had appeared on the wrong date due to inadvertence despite the matter being adjourned to 05-03-2015. The Court set aside the order and remanded the matter for hearing.

What did the court decide?

The order dated 04.03.2015 in Arbitration Application No.336 of 2014 is set aside. The matter is remanded to the appropriate Court for hearing.

Union of India through the Director General Naval Project (Mb) Vs… — Arbitration | Bombay HC (2015)

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rp 41 of 2015 (917).sxw

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITIN NO.41 OF 2015 IN

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ARBITRATION APPLICATION NO.336 OF 2014

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Union of India through Director General, Naval Project (MB) … Petitioner versus M/s. Richa Construction Co., through its Partner Greesh Agarwal … Respondent

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Mr. K.R.Chaurhari, for Union of India and in support of Review Petition. Mr. Y. Singh i/by M/s. Auris Legal, for Respondent.

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CORAM: S.J. KATHAWALLA, J.

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DATE: 22^nd APRIL, 2015

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P.C .

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On 27^th February, 2015 this Court passed the following order :

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“1. Office to issue notice to the Respondent informing them that the above Application was today called out for hearing when the Respondent failed to appear despite service. To offer one more opportunity to the Respondent to appear before the Court in the above Application, the matter is adjourned to 5th March, 2015, first on board. If the Respondent fails to appear before the Court on that day, the Court shall proceed to hear the Applicant and pass appropriate orders in the above Application. A copy of this order shall be served on the Respondent by hand delivery. Stand over to 5th March, 2015, first on board”.

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ssp

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rp 41 of 2015 (917).sxw

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The Arbitration Application was placed before this Court for

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hearing on 4th March, 2015. Due to inadvertence, it remained to be pointed out to the Court that the matter ought to be heard on 05-03-2015. This Court therefore, proceeded to hear the above Arbitration Application on 04-03-2015 and passed orders thereon. The Respondent/Petitioner has now taken out the above Review Petition seeking recall of the order dated 04-03-2015 on the ground that they were not present before the Court on that day since the matter was directed to be placed before the Court on 05-03-2015. In view thereof, the order dated 04-03-2015 is set aside. Place the above Arbitration Application before the appropriate Court for hearing. The Review Petition is accordingly disposed of.

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Union of India through the Director General Naval Project (Mb) v. M/S. Richa Construction Co. through Its Partner Mr. Greesh Agarwal

Case brief

What is this about?

What did the court decide?

Union of India through the Director General Naval Project (Mb) v. M/S. Richa Construction Co. through Its Partner Mr. Greesh Agarwal

Case brief

What is this about?

What did the court decide?

What the court decided

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