Disposed

G. M. Construction, through Prop. Vinodkumar Baliram Prasad v. Crest Logistics and Engineers Pvt. Ltd. Cin No. U40101MH2004PTC146486

Bombay HC21 Nov 2017CP/1015/2015

Case brief

AI extract

What is this about?

The High Court of Bombay disposed of a company petition on consent by appointing an arbitrator, ensuring a bank guarantee of Rs. 12 Lakh, and agreeing on fee sharing terms under the Arbitration and Conciliation Act.

What did the court decide?

Appointment of an arbitrator; Bank guarantee of Rs. 12 Lakh; Equal sharing of arbitration fees.

G. M. Construction, through Prop. Vinodkumar Baliram Prasad Vs… — Arbitration | Bombay HC (2017)

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35.cp.1015.2015.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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COMPANY PETITION NO. 1015 OF 2015

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G.M. Construction, Through Prop. Vinodkumar Baliram Prasad .. Petitioner

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Vs.

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Crest Logistics and Engineers Private Limited

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.. Respondent

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Mr.Prashant Pandit for petitioner.

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Mr.Akshay Patil a/w. Ms.Kanan Chawda i/b India Law Alliance for respondent.

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CORAM : K.R.SHRIRAM, J. DATE : 17^TH NOVEMBER 2017

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P.C.

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The counsel for petitioner and counsel for respondent, on instructions,

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request that the following order, by consent, be passed :

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(a) Respondent will give an irrevocable confirmed bank

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guarantee for a sum of Rs.12 Lakh from a Nationalized Bank in favour of the Prothonotary and Senior Master of this

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Court as security towards petitioner's claim.

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(b) The bank guarantee being given, is without prejudice

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to respondent's rights and contentions.

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(c) The undertaking of respondent to pay any further sum, if awarded, in addition to the bank guarantee amount of Rs.12 Lakh is accepted.

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Shraddha Talekar PS

35.cp.1015.2015.doc

(d) Mr. Karan Dilip Bhosale, an Advocate practicing in

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this Court having office at 6, Bhagyoday, Ground floor, 79, Nagindas Master Road, Fort, Mumbai 400 001, Telephone No. 022-22675869; Mobile No. 91 9820033467, Email Id : [email protected] is appointed as Arbitrator to arbitrate on disputes and differences including counterclaim, if any, arising out and/or in connection with or relating to various work orders/claims mentioned in the petition.

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(e) The fees and administrative expenses, typing charges, venue charges of the Arbitrator to be shared equally between the parties and the same will be cost in the arbitration proceedings.

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(f) Within two weeks of receiving a communication from the advocate for petitioner and/or respondent, the Arbitrator shall give in writing disclosure as required under Section (11)

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(8) read with Section 12(1) of the said the Arbitration and Conciliation Act, 1996.

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(g) Bank guarantee will enure to the credit of the arbitration proceedings to be commenced as mentioned earlier.

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Shraddha Talekar PS

35.cp.1015.2015.doc

(h) Parties are at liberty to raise all rights and contentions,

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except arbitrability of the disputes.

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Order accordingly.

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4 Petition disposed.

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(K.R. SHRIRAM, J.)

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3/3

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Shraddha Talekar PS

G. M. Construction, through Prop. Vinodkumar Baliram Prasad v. Crest Logistics and Engineers Pvt. Ltd. Cin No. U40101MH2004PTC146486

Case brief

What is this about?

What did the court decide?

G. M. Construction, through Prop. Vinodkumar Baliram Prasad v. Crest Logistics and Engineers Pvt. Ltd. Cin No. U40101MH2004PTC146486

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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