Bombay High Court
Ms Yashoddep Infrastructure Pvt Ltd ... vs Union Of India And Others on 23 February, 2024
1 920
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
920 ARBITRATION APPLICATION NO. 16 OF 2023
MS YASHODDEP INFRASTRUCTURE PVT LTD THROUGH ITS
DIRECTOR ASHRUBA SHRIRANG GARAD
VERSUS
UNION OF INDIA AND OTHERS
...
Advocate for Applicant : Mr. Naik Thigle Girish K.
Standing Counsel for Respondents No.1 to 3: Mr. Bhushan Kulkarni
...
CORAM : ARUN R. PEDNEKER, J.
DATE : 23rd FEBRUARY, 2024 PER COURT: 1. Heard.
2. Mr. Bhushan Kulkarni, learned Standing Counsel for the respondents submits that there is no agreement between the applicant and the respondent. The agreement produced on record is not signed by the parties to the present application.
3. Mr. G. K. Naik-Thigle, learned counsel for the applicant has taken me through page no.276, clause no.26 - an agreement of sub contract between the applicant and the original allottee. The learned counsel submits that in terms of the said clause all the rights and liabilities of the contractor are assigned to the applicant. He has also taken me through the agreement, at page no.37, an agreement between 2 920 the respondent - Ministry of Road Transport and the original contractor and submits that the expression assignee would include a subcontract, in the instant case of the applicant.
4. The learned standing counsel appearing for the respondents submits that there is no contract of arbitration between the applicant and the Union. He seeks time to file affidavit demonstrating that there is no agreement between the applicant and the respondent so as to refer the issue to arbitration.
5. Reply to be filed on or before the next date.
6. Stand over to 01.03.2024, at 03:30 p.m. [ARUN R. PEDNEKER, J.] marathe