Bombay High Court
Tecpro Systems Ltd vs Ultra Tech Cememts Ltd on 27 August, 2019
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
CRP 1 22-CARAPL-255-2019 .doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION APPLICATION NO. 255 OF 2019
Tecpro Systems Ltd. ... Applicant
V/s.
Ultra Tech Cements Ltd. ... Respondent
Mr. Abhishek Bhaduri for the Applicant.
Mr. Nimay Dave, Mr. Rohit Lalwani I/b. M/s. Manilal Kher Ambalal &
Co. for the Respondent.
CORAM : G. S. KULKARNI, J.
DATE : 27th AUGUST, 2019. P.C.:-
1] Heard learned counsel for the applicant and the learned counsel for the respondent. It is apparent and quite clear that there are two distinct and separate agreements between parties (supply contracts) pertaining to two different works. Respondents have appeared and filed reply affidavit wherein in para nos. 5 and 6 have raised objection to the maintainability of this application stating that these contracts give rise to an independent cause of action and that the applicant cannot club these cause of actions in one proceeding. 2] Learned counsel for the applicant would not dispute that there are two separate contracts and that the scope of the works is 1/2 ::: Uploaded on - 29/08/2019 ::: Downloaded on - 29/08/2019 21:11:08 ::: CRP 2 22-CARAPL-255-2019 .doc also different and pertaining two different sites. 3] Considering this indisputed position that there are two separate arbitration agreements/supply contracts, it is appropriate for the applicant files separate applications.
4] The application is accordingly disposed of with liberty to applicant to file appropriate proceedings.
5] All contentions of the parties are expressly kept open.
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