Arbitration appeal challenging computation of interest in an award-related order. Court allowed the second instalment deposit without prejudice to rights, restrained respondent from withdrawing amounts, directed third instalment if appeal not heard, and issued fresh notice returnable on 9/2/2024.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 3 OF 2024
Tastel Fine Food Private Limited
.. Appellant
Versus
.. Risen Packaging Respondent …
Mr. Shikhar Khandelwal with Aditya Chavan i/b Siddique and Associates for the applicant.
CORAM: BHARATI DANGRE, J. DATED : 23rd JANUARY 2024
P.C:-
1 Despite an email service, there is no appearance on behalf of the respondent.
As per the counsel for the appellant, the impugned order dated 23/11/2023 has wrongly computed the interest and arrived at a figure of Rs.23,47,251/- to be paid in three equal instalments. The first instalment of Rs.5,86,812.75 has been already deposited and the counsel has instructions to make a statement for the second instalment which is due today, shall be deposited by tomorrow i.e. 24/1/2024.
Since he has advanced some arguable points, let the deposit be made without prejudice to the rights and contentions
Tilak
2/2 81 ARA 3-24.doc
in his appeal. The respondent is restrained from withdrawing the said amount.
2 However, if for any reason the Appeal is not heard, the appellant shall deposit the third instalment again without prejudice to the rights and contentions, with no permission to the respondent to withdraw the same.
3 Issue fresh notice to the respondent. Notice is made returnable on 9/2/2024.
The Notice shall be served by registered post, prepaid for acknowledgment or by fax, speed-post or Courier with acknowledgment and also through personal service, including service via electronic mail.
( SMT. BHARATI DANGRE, J.)
Tilak
1 issue framed by the court
Whether the appellant should be permitted to deposit the second and third instalments of the decretal interest without prejudice, with the respondent restrained from withdrawing the amounts.
Tastel Fine Food Private Limited
Risen Packaging
Bharati Dangre
As recorded by the court registry
4 orders share this CNR
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