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Bombay High Court

Itd Cementation India Limited vs Fabtech Projects & Engineers Ltd on 25 March, 2019

Author: G.S. Kulkarni

Bench: G.S. Kulkarni

                                            1                                902-arbapl 114-19

psv
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION
                   ARBITRATION APPLICATION (L.) NO.114 OF 2019

      ITD Cementation India Ltd.                      ..Applicant
                  Vs.
      Fabtech Projects & Engineers Ltd.               ..Respondent
                                             -----

      Mr.Sanskar Marathe for Applicant.
                                             -----

                                     CORAM :    G.S. KULKARNI, J.

DATE : 25th MARCH, 2019 P.C.:

1. This Court on 18 March 2019 passed the following order:-
"1] Heard learned counsel for the Applicant. 2] Issue notice to the respondent, returnable on 25th March, 2019. In addition to Court Notice, learned counsel for the applicant is permitted to serve respondent by private notice and file affidavit of service before the returnable date. 3] Stand over to 25.03.2019. To be listed on the supplementary board."

2. Mr.Marathe, learned Counsel for the applicant, accordingly submits that service was effected on the respondent as per the said order by forwarding a notice and the copy of the application by speed post. He refers to the report of the postal authorities indicating that on 23 March 2019 the notice/packet is already delivered to the respondent. However, as a last chance, to enable the respondent to appear, Mr.Marathe is permitted to effect the service on the respondent. ::: Uploaded on - 25/03/2019 ::: Downloaded on - 26/03/2019 03:48:18 :::

2 902-arbapl 114-19

3. Accordingly, stand over to 28 March 2019. To be listed on the supplementary board.

4. Notice to indicate that on the adjourned date, the hearing of the application would not be adjourned and the same shall be taken up and appropriate orders shall be passed.

[G.S. KULKARNI, J.] ::: Uploaded on - 25/03/2019 ::: Downloaded on - 26/03/2019 03:48:18 :::