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2020 Supreme(Bom) 814

R.D.DHANUKA
Konkan Irrigation Development Corporation, Water Resources Department, Thane (west) – Appellant
Versus
M/s. F A Enterprises A Partnership Firm Having – Respondent


Advocates Appeared:
S.G. Aney, Advocate, Shweta Sangtani, Advocate, Yash Momaya, Advocate, Dinesh B Khaire, Advocate, Gopal Krishna Shivaram Hegde, Advocate, Pinky Bhansali, Advocate, Geeta Shastri, Advocate, Vikram Nankani, Advocate, A.V. Anturkar, Advocate, P. Narayan, Advocate, Shyam Dewani, Advocate, Prasanna Patil, Advocate, Chiddanand Kapil, Advocate, H. Kapoor, Advocate, Shilpa Kapil, Advocate, Chirag Chanani, Advocate

JUDGMENT

R.D. Dhanuka, J. - By consent of parties, all the aforesaid petitions filed under section 34 of the Arbitration and Conciliation Act, 1996 (for short the Arbitration Act) were heard together and are being disposed of by a common judgment. Commercial Arbitration Petition (Lodging) No.681 of 2019 is filed by Konkan Irrigation Development Corporation (hereinafter referred to as "KIDC" for the sake of convenience). The said KIDC has impugned the majority award dated 3rd April, 2019 passed by the Arbitral Tribunal directing the KIDC to pay to the respondent no.1 i.e. M/s.F.A. Enterprises Rs.303 crores approximately with other directions (hereinafter refered to as 'claimant'). Commercial Arbitration Petition No.793 of 2019 is filed by the City and Industrial Development Corporation (hereinafter referred to as CIDCO" for the sake of convenience) inter-alia praying for quashing and setting aside the impugned award dated 3rd April, 2019 insofar as the same is against the CIDCO. Commercial Arbitration Petition No.921 of 2019 is filed by the State Government inter-alia praying for setting aside the impugned award dated 3rd April, 2019. Some of the relevant facts for the purpose of dec

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