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2018 Supreme(Bom) 306

G.S.PATEL
DSL Enterprises Private Limited – Appellant
Versus
Maharashtra State Electricity Distribution – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Chirag Mody, Rahul Sinha i/b Lex Global Legal Consultant
For the Respondent: R.A. Dada, Mukul Taly, S. Sridhar, i/b Mohamedbhai & Company

JUDGMENT :

1. The Chamber Summons is filed by the Maharashtra State Electricity Distribution Company Limited (“MSEDCL”), the unsuccessful respondent to an arbitral award. These are the prayers in the Chamber Summons:

(a) That upon the Applicant depositing a sum of Rs.46,89,16,396/- this Hon’ble Court be pleased to declare that the arbitration award dated 18th June 2004 stands fully satisfied and the Applicant stands discharged therefrom;

(b) That this Hon’ble Court be pleased to raise attachment of Applicant’s bank account being Schedule as attached in the Warrant of attachment dated February 22, 2018 vide warrant of attachment (Exhibit “A” hereto);

(c) That pending the hearing and final disposal of the Chamber Summons Applicant may be allowed to deposit an amount of Rs.46,89,16,396/- through Demand Draft no 977411 dated 6th February 2018 (Bank of Maharashtra) in satisfaction of the award dated 18th June 2004 and attachment of Applicant’s Bank account being 0239256010710, Canara Bank, Tamarind Lane branch be raised;

2. The Chamber Summons was first moved on 24th February 2018. As I was unavailable that day, MSEDCL moved before A.K. Menon J. It cited ‘grave urgency’, and actually applied




















































































































































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