Bombay High Court
Heavy Hydraulics (India) Pvt. Ltd vs Mtandt Rentals Limited on 6 September, 2021
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
13.carbp.247.21..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANJALI Digitally signed by
ANJALI TUSHAR
ORDINARY ORIGINAL CIVIL JURISDICTION
TUSHAR ASWALE
Date: 2021.09.09
ASWALE
IN ITS COMMERCIAL DIVISION
17:05:06 +0530
COMM. ARBITRATION PETITION NO. 247 OF 2021
MTANDT RENTALS LTD ..Petitioner
Vs.
Heavy Hydraulics (India) Pvt Ltd
and Anr ..Respondents
WITH
COMM. ARBITRATION APPLICATION NO. 122 OF 2021
Heavy Hydraulics (India) Pvt Ltd ..Applicant
Vs.
MTANDT RENTALS LTD ..Respondent
WITH
COMM. ARBITRATION PETITION NO. 386 OF 2021
Heavy Hydraulics (India) Pvt Ltd ..Applicant
Vs.
MTANDT RENTALS LTD ..Respondent
Mr.Archit Virmani, for the Petitioner in ARBP.247/21 and for
Respondent No.1 in CARBP.386 of 2021 and CARAP.122/21.
Mr. Shishir Joshi i/b Priti Joshi, for Respondent No.1 in
Aswale 1/4
13.carbp.247.21..doc
ARBP.247/21 and for the Petitioner in CARBP. 386/21 and
CARAP.122/21.
Payoja Gandhi, for Respondent No.2 in CARBP.386/21 and
CARAP.122/21.
Mr. Somnath Kar, Authorized Representative of MT & T Rentals
Ltd Company is present.
Mr. Prakash Chhabriya, authorized representative of Heavy
Hydraulics (India) Pvt Ltd company is present.
CORAM:- B. P. COLABAWALLA,J.
DATE :- SEPTEMBER 6, 2021.
P. C.:
When these matters are called out, the parties have tendered Consent Terms dated 6th September, 2021 to be filed in Arbitration Petition No. 247 of 2021. The learned counsel appearing on behalf of the Petitioner as well as the advocates for Respondent Nos.1 and 2 (in Arbitration Petition No. 247 of 2021) have stated that the disputes between the parties have been duly settled as recorded in the Consent Terms dated 6th September, 2021 and no disputes remains between the parties. The Consent Terms have been signed by Mr. Somnath Kar, the Authorized Representative of the Petitioner ( MTANDT Rentals Ltd). Mr. Somnath Kar is the Authorized Representative of the Petitioner as well as the Authorized Representative of Respondent No.2 Aswale 2/4
13.carbp.247.21..doc (MTAMDT Ltd) who is present in Court and has stated that he has signed the Consent Terms on behalf of the Petitioner after reading and understanding the same as well as the implications thereof.
2 The Consent Terms have also been signed by Mr. Prakash Chhabria, a Director and Authorized Representative of Respondent No.1. He too is present in Court and has stated that he has signed the Consent Terms after reading and understanding the same as well as the implications thereof. The Consent Terms have also been signed by the advocates for the Plaintiff as well as the advocates for Respondent Nos.1 and 2. 3 In these circumstances, the Consent Terms dated 6 th September, 2021 are taken on record and marked "X" for identification. The undertakings, if any, given in the Consent Terms are accepted as an undertakings given to the Court. 4 Arbitration Petition No. 247 of 2021 is disposed of in terms of the aforesaid Consent Terms.
5 In view of the settlement arrived at in Arbitration Aswale 3/4
13.carbp.247.21..doc Petition No. 247 of 2021, the parties have agreed that nothing survives in Arbitration Application No. 122 of 2021 and Arbitration Petition No. 386 of 2021 and hence, Mr. Shishir Joshi, the learned counsel appearing on behalf of the Petitioner in Arbitration Petition No. 386 of 2021 and for the Applicant in Arbitration Application No. 122 of 2021 seeks leave to withdraw the same. It is accordingly so ordered and Arbitration Application No. 122 of 2021 and Arbitration Petition No. 386 of 2021 are dismissed as withdrawn. No order as to costs. 5 This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. ) Aswale 4/4