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2012 Supreme(Bom) 1758

B.R.GAVAI
JSW ISPAT Steel Limited – Appellant
Versus
Jeumont Electric – Respondent


Advocates Appeared:
For the Plaintiff:Virag Tulzapurkar, Senior Advocate with Ranjit Shetty & Saurabh Gadkari i/b. Juris Corp., Advocates.
For the Defendants:D1, Pradeep Sancheti, Senior Advocate with Vishal Lohire, Sagar Ghogre i/b. Ajit Anekar, Advocates.

Judgment

The plaintiff has filed the present suit for a declaration that there is no arbitration agreement between the plaintiff and defendant No.1 including in relation to contract No.4600006177 dated 7th September 2006 as amended on 4th July 2007. The plaintiff has also taken out a notice of motion praying for an order of restraint restraining defendant No.1 from proceeding with or prosecuting the arbitration proceeding initiated by it before the International Chamber of Commerce vide letter dated 24th May 2012 on the basis of the aforesaid contract. The plaintiff had also moved this court for ex parte ad-interim relief. Vide order dated 3rd July 2012, I had granted ad-interim relief in terms of prayer clause (a). The said order was carried in appeal before the Division Bench. The Division Bench, vide order dated 6th August 2012, has disposed of the appeal requesting this court to take up the notice of motion for hearing and to grant the opportunity of hearing to the appellant-defendant on the question of extension or otherwise of the ad-interim relief, if the motion cannot be heard finally on that date. Accordingly, the matter was listed before me on 14th August 2012. On the sai













































































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