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2014 Supreme(Bom) 1494

MOHIT S.SHAH, M.S.SONAK
Avitel Post Studioz Ltd. – Appellant
Versus
HSBC PI Holdings (Mauritius) Ltd. – Respondent


Advocates:
Advocate Appeared
Mr. Saurabh Kirpal with Mr. Z.B.Kamdin i/b. Pandya & Co. for the Appellants.
Dr. Virendra Tulzapurkar, Senior Advocate with Mr.N.H. Seervai, Senior Advocate, Mr. Nikhil Sakhardanade, Mr. Rohan
Rajadhyaksha, Mr. A. Iyer, Mr. Agarwalla and Ms Priyanka Shetty i/b AZB & Partner for Respondent.

JUDGMENT

(PER M.S.SONAK, J.):

1] This appeal is directed against the judgment and order dated 22 January 2014 in Arbitration Petition No.1062 of 2012 instituted under Section 9 of the Arbitration and Conciliation Act, 1996 (the Act) restraining the appellants from withdrawing the amounts retained by the Corporation Bank in the appellants' account to the extent of USD 60 Million and in the event the balance in the said account with the Corporation Bank is less than USD 60 Million, a direction to the appellants to deposit the short fall in the said account, so as to maintain the balance of USD 60 Millions. The admitted position is that on the date when the impugned judgment and order came to be passed, the amount in the appellants Corporation Bank account was in the range of Rs.60 Crores or USD 10 Million, which in terms of the impugned judgment and order, the appellants have been restrained to withdraw. Further, the impugned judgment and order issues an interim mandatory injunction to deposit the short fall, i.e., about USD 50 Million in the Corporation Bank within a period of four weeks from the date of the order.

2] The factual matrix in which the aforesaid judgment and order came

































































































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