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2021 Supreme(Bom) 975

G.S.PATEL
Shanklesha Constructions – Appellant
Versus
Shanklesha Constructions – Respondent


Advocates appeared:
Zal Andhyarujina, Advocate, Nishi Abuwala, Advocate, Z. Jariwala, Advocate, S. Jariwala, Advocate, Dua Associates, Advocate, Mayur Khandeparkar, Advocate, Ativ Patel, Advocate, A.V.P. Partners, Advocate

JUDGMENT

G S Patel, J.

A. PROCEEDINGS BEFORE THE COURT

1. This is an order on both the Interim Application No. 5946 of 2020 and the Review Petition (L) No 4687 of 2020.

2. The original Petition under Section 9 of the Arbitration & Conciliation Act, 1996 is in the Commercial Division of this Court. The Interim Application and the Review Petition are, consequently, also in that Division.

3. The Section 9 Petitioner is a private limited company ("Saifee Developers"). The 1st Respondent in the Section 9 Petition is a partnership firm ("Shanklesha Constructions"). Respondents Nos. 2 to 6 in the original Section 9 petition are partners of Shanklesha Constructions.[1]

4. Interim Application No 5946 of 2020 is by Shanklesha Constructions (and its partners). It seeks a recall or vacating of interim or ad interim reliefs granted by an order of 15th July 2019 to Saifee Developers.

5. The Review Petition is by Saifee Developers. It seeks a review of my order of 28th February 2020. Specifically, Saifee Developers asks to be relieved of a statement it made regarding payment of Goods & Service Tax ("GST"). The order of 28th February 2020 noted, recorded and accepted that statement made on instructions

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