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Bombay High Court

Generic Engineering Construction And ... vs Sterling And Wilson Pvt. Ltd. And Anr on 4 January, 2021

Author: G.S. Patel

Bench: G.S. Patel

                                                                    25-CARBPL-3601-2020.DOCX




                   Shephali



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                     IN ITS COMMERCIAL DIVISION
                     COMM ARBITRATION PETITION (L) NO. 3601 OF 2020



                    Generic Engineering Construction And Projects               ...Petitioner
                    Ltd
                           Versus
                    Sterling And Wilson Pvt Ltd & Anr                        ...Respondents

Ms Soniya Putta, with Ms Spardha Sharma and Ms Chinmayee Das, i/b Solomon & Co, for the Petitioner.

Mr Ranjit Shetty, with Mr Rahul Dev, i/b Argus Partners, for Respondent No.1.

Ms Ankita Singhania, with Mr Kunal Shah, Mr Vividh Tandon, Mr S Dang, for Respondent No.2.

                                             CORAM:        G.S. PATEL, J
                                                           (Through Video Conference)
                                             DATED:        4th January 2021
                    PC:-


1. Heard through video conferencing.

Shephali Mormare 2. There are no disputes pending between the Petitioner and Digitally signed by Shephali Mormare Respondent No. 2. Ms Putta for the Petitioner agrees that the Petition Date: 2021.01.04 may be dismissed as withdrawn so far as the 2nd Respondent is 16:31:53 +0530 Page 1 of 2 4th January 2021 25-CARBPL-3601-2020.DOCX concerned. There is no need to order a separate formal amendment in view of this order.

3. As against the 2nd Respondent, the Petition is dismissed as withdrawn.

4. As between the 1st Respondent represented by Mr Shetty and the Petitioner, I am told that there are some matters of reconciliation of accounts yet pending. Both the Petitioner and the 1st Respondent require time. The 1st Respondent holds certain bank guarantees. In view of the fact that there has been a substantial progress towards a settlement of disputes, and given that what remains is only reconciliation of accounts, and, further, since the bank guarantees have not been invoked for a long time, the bank guarantees held by the 1st Respondent are not to be invoked until next date without prior leave of the Court.

5. By consent of the Petitioner and the 1st Respondent, list the matter on 25th February 2021.

6. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J) Page 2 of 2 4th January 2021