The High Court disposed of a commercial arbitration petition and linked contempt petitions, granting liberty to the petitioner to re-agitate the cause of action once NCLT proceedings are resolved.
Petition disposed of with liberty to re-agitate issues or file fresh application; Contempt Petitions disposed of.
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.
Digitally signed VIDYA by VIDYASURESH AMIN SURESH Date: AMIN 2022.06.3010:27:04 +0530
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8.CARBP145_2018.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO. 145 OF 2018
Kamar Infrastructure Pvt. Ltd. .. Petitioner
Vs.
DBM Geotechnics and Construction Pvt. Ltd. & Anr. .. Respondents
WITH
CONTEMPT PETITION NO. 45 OF 2018
WITH
CONTEMPT PETITION NO. 73 OF 2017
IN
COMMERCIAL ARBITRATION PETITION NO. 145 OF 2018
DBM Geotechnics and Construction Pvt. Ltd. .. Petitioner
Vs.
Kamar Infrastructure Pvt. Ltd.& Ors. .. Respondents
Mr. Ranjeev Carvalho i/b. Kevin Chettiar for the petitioner.
CORAM :G.S. KULKARNI, J.
DATE : JUNE 29, 2022.
P.C.:
1. In view of the proceedings before the National Company Law
Tribunal and the stand taken by the petitioner in the said proceedings
including the affidavit dated 23 February, 2022 which is placed on
record in the present proceedings and a claim being filed before the
Resolution Professional, in my opinion, the Commercial Arbitration
Petition needs to be disposed of with liberty to the petitioner to re-
agitate the issues if the need so arise.
2 8.CARBP145_2018.doc
2. Accordingly, the petition is disposed of with liberty to the petitioner to revive the present proceedings or to file a fresh application on the same cause of action as and when the circumstances so permit. All contentions of the parties are expressly kept open .
3. In view of disposal of Commercial Arbitration Petition, Contempt Petition(s) would not survive and the same are accordingly disposed of.
4. No costs.
[G.S. KULKARNI, J.]
2 issues framed by the court
Whether the commercial arbitration petition requires dismissal given pending NCLT proceedings and a resolution professional claim.
Whether the associated contempt petitions survive the disposal of the main arbitration petition.
Kamar Infrastructure Pvt. Ltd.
DBM Geotechnics and Construction Pvt. Ltd.
G.S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court