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2012 Supreme(Bom) 2037

ANOOP V.MOHTA
Motabhai Paras Private Limited – Appellant
Versus
Western Paper & Yarn Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Pankaj Kawli with S.R. Rawal, Advocates.
For the Respondent:Aspi Chinoy, Senior Counsel with Sunip Sen i/by M/s. Udwadia & Udeshi, Advocates.

Judgment

The Petitioner, original Respondent, alleged occupant/trespasser, has challenged the Award under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) of sole Arbitrator dated 24 April 2009. The operative part of the Award is as under:-

“a) The Respondent shall forthwith cease to use the facilities granted by the claimant to the Respondent and described in the agreement dated 22 August 2002.

b) The Respondent do pay to the claimant a sum of Rs. 1,89,000/-for the months of March, April and May 2005.

c) The Respondent do pay to the claimant a sum of Rs. 2961000/-for wrongful use of the facilities for the period 1 June 2005 to 30 April 2009. In case the Respondent ceases to use and surrenders the facilities before 30 April 2009, it will pay lesser amount calculated at the rate of Rs. 2100/-per day for non user.

d) The Respondent do pay to the claimant at the rate of Rs. 63000/-per month from 1 May 2009 till it ceases to use and surrenders the facilities granted under the agreement dated 22 August 2002.

e) The Respondent do pay to the claimant Rs. 244504/-for electricity bills upto and inclusive of the bill dated 23 May 2007. For the subseque




































































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