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2013 Supreme(Bom) 2325

ANOOP V.MOHTA
Lakshmi Machine Works Ltd. – Appellant
Versus
Marathe Textiles Mills – Respondent


Advocates Appeared:
For the Appellant:Raju Subramanian, Senior Advocate with Paritosh Jaiswal with Ashok Purohit, Shalaka Mali i/by M/s. Ashok Purohit & Co., Advocates.
For the Respondents:R1, Rashid Khan with Ms. Priyanka Kothari, Balasaheb Deshmukh i/by Balasaheb Deshmukh, R2, Paritosh Jaiswal i/by Mr. Prashant Kulkarni, Advocates.

Judgment :

The Appellant/original Defendant has filed the present Appeal from Order challenging Order dated 11.12.2012 passed by the learned Joint Civil judge, Senior Division, Sangli, whereby Applications at Exhibits 20 and 31, under Section 34 of the Arbitration Act, 1940 (Act of 1940) were rejected and thereby directed the parties to proceed expeditiously in the Suit. The Plaintiff filed the Suit on 22.03.1993 for the breach of contract by mis-performance/delay in supplying the machineries so agreed. The prayers are joint and several against both the Respondents (Defendants). An mandatory injunction was also sought against them to continue to supply the spares of the machinery supplied by them and to provide service maintenance.

2. Both the contesting Respondents/Defendants filed these Applications within reasonable time i.e. 17.06.1994 and thereby requested to stay the civil proceedings till the disposal of arbitration proceedings in view of Section 34 of the Act of 1940. By the impugned order, both the Applications were rejected. We are not concerned at this stage the delay in rejecting such Applications which is practically more than 19 years.

3. Admittedly, two Revisions fil
























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