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Bombay High Court

Jaipuria Buildcon Pvt. Ltd. And 2 Ors vs Tata Capital Housing Finance Ltd. And 2 ... on 4 October, 2018

Author: B. P. Colabawalla

Bench: S. C. Dharmadhikari, B. P. Colabawalla

                                                                            3-APP.43.2018+.doc


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          ORDINARY ORIGINAL CIVIL JURISDICTION

                         APPEAL NO. 43 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1278 OF 2016

                                  WITH
                        APPEAL (L) NO. 213 OF 2017
                                   IN
                  ARBITRATION PETITION NO. 1276 OF 2016
                                  WITH
                   NOTICE OF MOTION (L) NO. 1157 OF 2018
                             (NOT ON BOARD)

                                  WITH
                   NOTICE OF MOTION (L) NO. 1207 OF 2017
                                   IN
                        APPEAL (L) NO. 222 OF 2017
                                   IN
                  ARBITRATION PETITION NO. 1276 OF 2016

                                  WITH
                   NOTICE OF MOTION (L) NO. 1208 OF 2017
                                   IN
                          APPEAL NO. 311 OF 2018
                                   IN
                  ARBITRATION PETITION NO. 1282 OF 2016

                                  WITH
                   NOTICE OF MOTION (L) NO. 1209 OF 2017
                                   IN
                          APPEAL NO. 123 OF 2018
                                   IN
                  ARBITRATION PETITION NO. 1279 OF 2016

                                  WITH
                   NOTICE OF MOTION (L) NO. 1210 OF 2017
                                   IN
                          APPEAL NO. 118 OF 2018
                                   IN
                  ARBITRATION PETITION NO. 1281 OF 2016




                                Page 1 of 9
 J.V.Salunke,PA




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                                                                             3-APP.43.2018+.doc


                                  WITH
                   NOTICE OF MOTION (L) NO. 1211 OF 2017
                                   IN
                          APPEAL NO. 121 OF 2018
                                   IN
                  ARBITRATION PETITION NO. 1278 OF 2016

                                 WITH
                       APPEAL (L) NO. 222 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1276 OF 2016
                            (NOT ON BOARD)

                                 WITH
                         APPEAL NO. 132 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1285 OF 2016
                            (NOT ON BOARD)

                                  WITH
                   NOTICE OF MOTION (L) NO. 1213 OF 2017
                                   IN
                        APPEAL (L) NO. 228 OF 2017
                                   IN
                  ARBITRATION PETITION NO. 1277 OF 2016

                                 WITH
                         APPEAL NO. 123 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1279 OF 2016
                            (NOT ON BOARD)

                                 WITH
                         APPEAL NO. 130 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1283 OF 2016
                            (NOT ON BOARD)

                                 WITH
                         APPEAL NO. 311 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1282 OF 2016
                            (NOT ON BOARD)



                                Page 2 of 9
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                                                                             3-APP.43.2018+.doc


                                  WITH
                   NOTICE OF MOTION (L) NO. 1214 OF 2017
                                   IN
                          APPEAL NO. 132 OF 2018
                                   IN
                  ARBITRATION PETITION NO. 1285 OF 2016

                                 WITH
                         APPEAL NO. 121 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1278 OF 2016
                            (NOT ON BOARD)

                                 WITH
                         APPEAL NO. 118 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1281 OF 2016
                            (NOT ON BOARD)

                                  WITH
                   NOTICE OF MOTION (L) NO. 1215 OF 2017
                                   IN
                          APPEAL NO. 119 OF 2018
                                   IN
                  ARBITRATION PETITION NO. 1280 OF 2016

                                  WITH
                   NOTICE OF MOTION (L) NO. 1217 OF 2017
                                   IN
                          APPEAL NO. 130 OF 2018
                                   IN
                  ARBITRATION PETITION NO. 1283 OF 2016

                                 WITH
                       APPEAL (L) NO. 228 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1277 OF 2016
                            (NOT ON BOARD)

                                  WITH
                   NOTICE OF MOTION (L) NO. 1219 OF 2017
                                   IN
                        APPEAL (L) NO. 231 OF 2017
                                   IN
                  ARBITRATION PETITION NO. 1284 OF 2016

                                Page 3 of 9
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                                 WITH
                         APPEAL NO. 44 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1284 OF 2016

                                 WITH
                         APPEAL NO. 119 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1280 OF 2016
                            (NOT ON BOARD)

                                 WITH
                         APPEAL NO. 45 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1279 OF 2016

                                 WITH
                         APPEAL NO. 48 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1283 OF 2016

                                 WITH
                         APPEAL NO. 50 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1285 OF 2016

                                 WITH
                         APPEAL NO. 51 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1277 OF 2016

                                 WITH
                         APPEAL NO. 53 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1280 OF 2016

                                 WITH
                         APPEAL NO. 55 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1282 OF 2016




                                Page 4 of 9
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                                 WITH
                         APPEAL NO. 83 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1279 OF 2016

                                 WITH
                         APPEAL NO. 100 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1281 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 167 OF 2018
                                  IN
                         APPEAL NO. 55 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1282 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 170 OF 2018
                                  IN
                         APPEAL NO. 43 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1278 OF 2016

                                 WITH
                       APPEAL (L) NO. 231 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1284 OF 2016
                            (NOT ON BOARD)

                                 WITH
                    NOTICE OF MOTION NO. 171 OF 2018
                                  IN
                         APPEAL NO. 51 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1277 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 172 OF 2018
                                  IN
                         APPEAL NO. 53 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1280 OF 2016



                                Page 5 of 9
 J.V.Salunke,PA




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                                                                             3-APP.43.2018+.doc


                                 WITH
                    NOTICE OF MOTION NO. 173 OF 2018
                                  IN
                         APPEAL NO. 48 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1283 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 174 OF 2018
                                  IN
                         APPEAL NO. 45 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1279 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 176 OF 2018
                                  IN
                         APPEAL NO. 50 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1285 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 177 OF 2018
                                  IN
                         APPEAL NO. 44 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1284 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 228 OF 2018
                                  IN
                       APPEAL (L) NO. 319 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1284 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 230 OF 2018
                                  IN
                       APPEAL (L) NO. 321 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1276 OF 2016




                                Page 6 of 9
 J.V.Salunke,PA




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                                                                             3-APP.43.2018+.doc


                                 WITH
                    NOTICE OF MOTION NO. 232 OF 2018
                                  IN
                       APPEAL (L) NO. 317 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1277 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 233 OF 2018
                                  IN
                       APPEAL (L) NO. 324 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1285 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 238 OF 2018
                                  IN
                       APPEAL (L) NO. 318 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1280 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 239 OF 2018
                                  IN
                       APPEAL (L) NO. 325 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1283 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 241 OF 2018
                                  IN
                       APPEAL (L) NO. 323 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1282 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 242 OF 2018
                                  IN
                       APPEAL (L) NO. 322 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1278 OF 2016




                                Page 7 of 9
 J.V.Salunke,PA




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                                                                                3-APP.43.2018+.doc


                                 WITH
                    NOTICE OF MOTION NO. 243 OF 2018
                                  IN
                       APPEAL (L) NO. 320 OF 2017
                                  IN
                  ARBITRATION PETITION NO. 1281 OF 2016

                                 WITH
                    NOTICE OF MOTION NO. 301 OF 2018
                                  IN
                         APPEAL NO. 100 OF 2018
                                  IN
                  ARBITRATION PETITION NO. 1281 OF 2016


 Jaipuria Buildcon Pvt. Ltd.             }
 and Ors.                                }       Appellants
           versus
 Tata Capital Housing      }
 Finance Ltd. and Ors.                   }       Respondents


 Mr. A. M. Saraogi for the appellant-absent.

 Mr. Nilesh Gala I/b. M/s. Law Square for
 respondent no. 1.


                           CORAM :- S. C. DHARMADHIKARI &
                                    B. P. COLABAWALLA, JJ.

DATE :- OCTOBER 04, 2018 P.C. :-

1. All these appeals have been on board on prior occasions.

The daily board shows that the appeals have been carried by this court from the date of the institution and were listed on 12 prior occasions. When they are listed today and called out for admission, neither the appellants nor their advocate are present. Each of these appeals are, therefore, dismissed for want of Page 8 of 9 J.V.Salunke,PA ::: Uploaded on - 11/10/2018 ::: Downloaded on - 11/10/2018 23:01:17 ::: 3-APP.43.2018+.doc prosecution. If there are any ad-interim orders, they stand vacated forthwith.

2. In the light of the dismissal of the appeals, all the pending notices of motion/applications in these appeals do not survive and stand disposed of as such.

(B. P. COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) Page 9 of 9 J.V.Salunke,PA ::: Uploaded on - 11/10/2018 ::: Downloaded on - 11/10/2018 23:01:17 :::