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2013 Supreme(Bom) 1519

D.Y.CHANDRACHUD, S.C.GUPTE
Deccan Chronicle Holdings Limited – Appellant
Versus
L&T Finance Limited – Respondent


Advocates Appeared:
For the Appellant:Gaurav Joshi a/w Samsher Garud, Agasti Vibhute, Vivek Deo i/by M/s. Jayakar & Partners, Advocates.
For the Respondent:Dinyar Madon, Sr.Counsel with Ms. Shakuntala Joshi, Anand Poojari i/by S.I.Joshi & Co., Shailesh Shah, Sr.Counsel with Ms. Leena Desai & Nilesh Gala i/by MDP and Partners, Advocates.

JUDGMENT :

Dr. D.Y. Chandrachud, J.

1. Admit. Learned counsel for the Respondents waive service. The appeals are taken up for hearing and final disposal, by consent and on the request of the learned counsel.

2. Both the appeals arise out of a judgment and order of a learned Single Judge dated 5 February 2013 on two petitions which were filed by Tata Capital Financial Services Limited and L & T Finance Limited against the Appellant. The Petitioners before the learned Single Judge under Section 9 of the Arbitration and Conciliation Act, 1996 are the Respondents to the appeals.

3. The claim of Tata Capital Financial Services Limited (`Tata Capital') is Rs.100.86 crores on which interest would be liable to be paid. The dues of L & T Finance Limited (`L & T Finance') are Rs.25.02 crores together with interest. These dues arise out of the credit facilities extended to the Appellant. Tata Capital has invoked the arbitration agreement between the parties and has submitted a claim in the arbitration, which is pending adjudication. L & T Finance has an award dated 15 March 2013 of a sole arbitrator allowing its claim in the amount of Rs.25.02 crores together with interest at the rate of 15


































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