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2016 Supreme(Bom) 860

R.D.DHANUKA
Ravindranath GE Medicate Associate Private Limited – Appellant
Versus
Clean Coats Private Limited – Respondent


Advocates Appeared:
For the Appellant :Mr. G.R. Joshi, Senior Advocate, Mr. Raj Panchnnatia, Mr. Ayush Agarwala, Mr. Anindya Basarkod, Mr. Nishant Prasad, M/s. Khaitan & Co.
For the Respondent: Mr. Ashwin Ankhad, Ms. Nishita Mohanty, M/s. Ashwin Ankhad & Associates.

JUDGMENT :

R.D. DHANUKA, J.

1. By this appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration Act”), the appellant has impugned the order dated 13th June 2016 passed by the learned Principal District Judge, Thane allowing the application filed by the respondent herein raising a preliminary objection on the maintainability of the application filed by the appellant herein under Section 34 of the Arbitration Act and holding that the said arbitration application was not maintainable. Learned Principal District Judge rejected the arbitration application filed by the appellant praying for setting aside the impugned award dated 17th March 2015. Some of the relevant facts for the purpose of deciding this appeal are as under:-

2. The appellant had issued a work order dated 9th January 2008 to the respondent for Epoxy flooring, coving, hygiene PU wall coating and other specialty coating at its hospital in Chennai. The total value of the work order was Rs.1,09,55,852/-. The dispute arose between the parties. The respondent herein made an application before the Micro and Small Enterprises Facilitation Council, Konkan Region, Thane (Reference Petiti
















































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