Disposed
Karam Chand Thapar and Bros (C. S.) Limited v. Maharashtra State Power Genratin Company Limited and Anr.
Bombay HCCARBP/541/2017
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IN THE HIGH COURT
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION
COMMERCIAL ARBITRATION PETITION (L) NO.474 OF 2017
Karam Chand Thapar and Bros. (C.S.) Ltd. ….Petitioner
Vs.
Maharashtra State Power Generation Co. Ltd. & Anr. ….Respondents
Mr. Arif Bookwala, senior advocate a/w. Ms. Sonal, Mr. C.S. Samudra, Mr. Filji Frederick, Mr. Ankit Tripathi and Ms. Prateeka Thakar i/b. FF and Associates for petitioner. Mr. Sanjay Jain i/b. L.J. Law for respondents.
---- CORAM : K.R.SHRIRAM, J. DATE : 7th NOVEMBER, 2017
P.C.:
1 Mr. Jain, counsel for respondents states that bank guarantee
extension, copy whereof is at page 77 to the petition, provides “......... validity of the captioned bank guarantee is now extended upto 19.11.2017....” and if petitioner extends the bank guarantee, then respondents will not be invoking the bank guarantee presently.
2 Mr. Bookwala, senior counsel for petitioner, on instructions states that petitioner will get an extension letter for six months from the bank and submit it to respondents on or before 15th November, 2017. Mr. Bookwala further states that in view of the statement made by Mr. Jain
that if the bank guarantee is extended, respondents will not invoke the bank guarantee, petitioner will commence arbitration proceedings and apply to the Arbitral Tribunal under Section 17 of the Arbitration and
Gauri Gaekwad
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Conciliation Act, 1996.
3 The above is noted without prejudice to the rights and contentions of both the parties.
4 Petition accordingly stands disposed.
(K.R. SHRIRAM, J.)
Gauri Gaekwad
Karam Chand Thapar and Bros. (C.S.) Ltd.
Maharashtra State Power Generation Co. Ltd. & Anr.
K.R. SHRIRAM
As recorded by the court registry
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