ASHOKA BUILDCON LTD., NASHIK vs MAHA ACTIVE ENGINEER INDIA PVT.LTD. THROUGH ITS DIRECTOR MR. SUNIL VASUDEORAO VIDOLKAR

Judgment text excerpt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION COMMERCIAL ARBITRATION APPEAL NO.10 OF 2024 ALONG WITH INTERIM APPLICATION NO.8120 OF 2024 INTERIM APPLICATION NO.313 OF 2025 Ashoka Buildcon Ltd., ] Having Registered Office at : ] S.No.861, Ashoka House, ] Ashoka Marg, Vadala, Nashik-422011 ] .. Appellant/Applicant Versus 1. Maha Active Engineers India Pvt. Ltd., ] Having Registered Office at : ] F-108, Eastern Business District, ] Lal Bahadur Shastri Marg, Bhandup (West), ] Mumbai – 400 078. ] Through its Director – Mr. Sunil V. Vidolkar ] 2. Maharashtra State Electricity Distribution ] Company Ltd., ] Having Registered Office at : ] Prakashgad, G-9, Anant Kanekar Marg, ] Bandra (East), Mumbai – 400 051. ] Through its Chief Engineer (Project) ] .. Respondents Mr. Nikhil Sakhardande, Senior Advocate, with Mr. Hrishikesh Chitale, Mrs. Shubra Swami, i/by Mr. Hitesh B. Sangle and Mr. Abhinav Vyas, Advocates for the Appellant-Applicant. Mr. Sharan Jagtiani, Senior Advocate, with Mr. Vishal Kanade, Ms. Bindi Dave, Mr. Aayesh Gandhi and Mr. Gaurang Samel, i/by Wadia Ghandy & Co., Advocates for Respondent No.1. Mr. Rahul Sinha, Advocate, i/by DSK Legal, for Respondent No.2-MSEDCL. COARA-10-2024-Judgment.doc 1/41 Dixit CORAM : A.S. CHANDURKAR & RAJESH PATIL, JJ The date on which the arguments were concluded : 21ST FEBRUARY, 2025. The date on which the Judgment is pronounced : 30TH APRIL, 2025. JUDGMENT : [ Per A.S. Chandurkar, J. ] 1. Admit. The Commercial Arbitration Appeal is taken up for final disposal with consent of learned counsel for the parties. 2. In this Commercial Arbitration Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, “Act of 1996”), a common order dated 15th March 2024 passed by the learned District