Bombay High Court
Shilpi Engineering Private Limited vs Ntpc Limited on 15 January, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
1/2 16 ARP 6-20.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION PETITION No. 6 OF 2020
Shilpi Engineering Private Ltd .. Petitioner
Versus
NTPC Limited .. Respondent
...
Mr. Aaushi Doshi with Mr.Yash Dadriwal i/b India Law LLP for
the petitioner.
Mr. M.A. Choudhari with Ranveer Choudhari, Trisha Choudhari
for the respondent.
CORAM: BHARATI DANGRE, J.
DATED : 15th JANUARY 2024 P.C:-
1 Section 11 Petition filed by the petitioner in the year 2020, has seen light of the day in January 2024.
The notice invoking arbitration is forwarded by the petitioner to NTPC Limited on 21/2/2019, where the claim of outstanding amount to the tune of Rs. 1,27,47,314/- has been staked for a bill amount of Rs.33,01,829/-, which is now clubbed with several other heads, including loss of opportunity due to delay in timely payment as well as interest on bank guarantee after the extended period.
Tilak
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2/2 16 ARP 6-20.doc
When the learned counsel for the petitioner is confronted with the actual bill amount and the possibility of recovering the amount, as claimed in the notice invoking arbitration, and particularly, since period of four years have already lapsed and the Arbitration Proceedings which may consume some time, and in the background offer of NTPC to settle the claim of the bill amount, she shall obtain necessary instructions, with a conscious mind, as the petitioner is still into the business and would be more benefited, if the money is received with promptitude at this stage.
At her request, list the Arbitration Petition on 29/1/2024 at Serial No.1.
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