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2019 Supreme(Bom) 1148

PRADEEP NANDRAJOG, NITIN JAMDAR
Kakade Construction Company Ltd. – Appellant
Versus
Vistra ITCL (India) Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Shivam Bhagwati a/w Shahzad Khajotia I/by Y. R. Shah, Advocates, Mr. Rohit Kapadia, Senior Advocate I/by Kaustubh Thipsay & Rahul Soman, Advocate, Mr. G. S. Godbole I/by Ketki Gadkari & Aditya P. Shirke, Advocates.
For the Respondent:Mr. Aspi Chinoy, Senior Advocate & Mr. Gaurav Joshi, Senior Advocate a/w Mr. Jatin Pore & Ms. Ankita Agrawal I/by DSK Legal, Advocates.

JUDGMENT :

Nitin Jamdar, J.

1. These three Commercial Appeals challenge the order passed by the learned Single Judge dated 24 August 2018 appointing court receiver on the properties. The impugned order was passed in a chamber summons taken out by the Respondents to execute a consent arbitral award. When the Appeals came up for admission, a preliminary objection was raised by the Respondents to the maintainability of the Appeals. By this judgment, we decide the preliminary objection raised by the Respondents. The narration of facts is thus limited to decide the maintainability of the Appeals.

2. Commercial Appeal No. 401 of 2019 is filed by Kakade Construction Company Ltd.; Commercial Appeal (Lodg.) No. 109 of 2019 is filed by Mr. Sanjay Kakade; and Commercial Appeal (Lodg.) No. 111 of 2019 is filed by Mrs. Usha Kakade. Mr.Sanjay Kakade and Ms. Usha Kakade are the Directors of Kakade Construction Company Ltd.

3. There were certain financial transactions between Kakade Constructions and the Respondents – Vistra ITCL and IIRF Holdings (referred to as the Respondents). A default was committed by Kakade Constructions. Arbitration proceedings ensued. The parties arrived at a settlement. Unde

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