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2001 Supreme(Bom) 753

F.I.REBELLO
Delta Construction Systems Ltd. , Hyderabad – Appellant
Versus
Narmada Cement Company Ltd – Respondent


JUDGMENT : F.I. REBELLO, J.:---Admit. Heard forthwith.

2. Disputes having arisen between the petitioner and respondent, reference was made to an arbitrator. The learned arbitrator has been pleased to publish the Award on 15-1-2001 along with direction dated 30-3-2001. The respondent herein, aggrieved by the said Award preferred a petition before this Court. The petition was admitted.

2-A. The petitioners in the present petition who were claimants in the dispute referred to a arbitration and respondent to the petition challenging the Award have prayed that the respondents herein be ordered and decreed to deposit the various amounts as set out in the prayer clause. On the respondents depositing the said amount, the petitioners be allowed to withdraw the said amount. It is the case of the petitioners that considering the law laid down by the Apex Court, as the Award has not yet become enforceable, the petition filed by them is maintainable under section 9 of the Arbitration and Conciliation Act, 1996. It is further contended that considering the challenges raised in the main petition and as there is an Award in favour of the petitioners herein, this Court should grant reliefs as praye





















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