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2019 Supreme(Bom) 654

A.S.CHANDURKAR
JAYASWAL ASHOKA INFRASTRUCTURES PVT LTD – Appellant
Versus
PANSARE LAWAD SALLAGAR – Respondent


Advocates Appeared:
D.V. Chavan, Adv., Yash Maheshwari, Adv.

JUDGMENT :

A.S. Chandurkar, J.

This appeal under Section 96 of the Code of Civil Procedure, 1908 (for short, the Code) has been preferred by the original defendant as it is aggrieved by the decree passed by the trial Court directing it to pay an amount of Rs.1,28,37,817/- with interest at the rate of 9% per annum.

2. The facts as can be gathered from the plaint are that according to the plaintiff it is a partnership firm duly registered and engaged in providing consultancy services in arbitration matters. The defendant firm was engaged in construction works and was assigned Government contracts. On account of disputes between the defendant-firm and the State Government, the defendant approached the plaintiff seeking consultation over the issues involved. After such consultation the defendant agreed to avail the services of the plaintiff-firm in the arbitration proceedings. An agreement was accordingly entered into between the parties on 14/08/2007. As per that agreement the manner in which the defendant was to be represented in the arbitration proceedings was agreed to. One of the terms of the agreement was that the plaintiff would be entitled to 1% of the award amount up to Rs.1,00,0





























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