Jharkhand High Court
Ms Rites Ltd Through Its Group General ... vs Ms Bhardwaj Construction Company Pvt ... on 29 January, 2016
Author: D.N. Patel
Bench: D.N. Patel
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arbitration Appeal No. 16 of 2014
With
Arbitration Appeal No. 17 of 2014
M/s Rites Ltd.... ... ... ... ... Appellant (in both the cases).
Versus
M/s Bhardwaj Construction Company Pvt. Ltd...Respondent (in both the cases)
------
CORAM: HON'BLE MR. JUSTICE D.N. PATEL
------
For the Appellant : M/s A.K. Seth & Piyush Poddar, Advocates.
(In both the cases)
For the Respondent : Mr. Rajiv Ranjan, Sr. Advocate.
(In both the cases)
------
06/ Dated: 29th January, 2016.
1. Both these Arbitration Appeals have been preferred against the order dated 26.07.2014 passed by the learned Civil Judge, Senior Division-1st, Bermo at Tenughat, in Misc. (Arbitration) Case No. 07 of 2010 and Misc. (Arbitration) Case No. 08 of 2010.
2. Having heard counsels for both the sides as well as looking to the contentious issues raised in these appeals, these appeals are Admitted.
3. So far as the interim relief is concerned, looking to the order passed by the learned Arbitrator dated 31.03.2010 as well as the order passed by the learned Civil Judge, Senior Division-1st, Bermo at Tenughat, dated 26.07.2014, upon deposition of Rs. 52,00,000/- (total amount in both the cases), I, hereby, stay the operation, implementation and execution of the order passed by the learned Civil Judge, Senior Division-1st, Bermo at Tenughat, dated 26.07.2014 in Misc. (Arbitration) Case No. 07 of 2010 and Misc. (Arbitration) Case No. 08 of 2010 as well as I, hereby, stay the operation, implementation and execution of the order passed by the learned Arbitrator dated 31.03.2010 .
4. The aforesaid amount of Rs.52,00,000/-(total amount in both the Appeals) shall be deposited with the Registrar General on or before 29.02.2016. If the amount is not deposited on or before 29.02.2016, the stay shall be deemed to have been vacated automatically.
5. The Registrar General of this Court will accept the aforesaid amount and shall deposit the same in the Bank.
6. The Registry is directed to enlist both the Arbitration Appeals under the heading for Hearing on 31.03.2016.
(D.N. Patel, J) Sharma/-