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2021 Supreme(Bom) 845

S.J.KATHAWALLA, R.I.CHAGLA
Bhiwandi Nizampur City Municipal Corporation – Appellant
Versus
Antony Waste Handling Cell Pvt Ltd – Respondent


Advocates appeared:
Ram S Apte, Advocate, N.R. Bubna, Advocate, N.H. Seervai, Advocate, Prateek Seksaria, Advocate, Gulnar Mistry, Advocate, Saket Mone, Advocate, Vishesh Kalra, Advocate, Subit Chakrabarty, Advocate, Abhishek Salian, Advocate, Shantam Mandhyan, Advocate, Vidhii Partners, Advocate

JUDGMENT

S.J.Kathawalla, J. - I In the present Appeal, the Appellant has purported to challenge the impugned Judgment and Order dated 3rd July, 2020 ('the impugned Order') passed by the learned Single Judge of this Court. The impugned order disposed of two Petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('the Act') challenging an Award dated 16th September, 2020 ('the impugned Award'). The impugned Judgment and Order was passed on an Interim Application made by the Respondent in the said Petitions under Section 34 of the Act on premises analogous to Order XXIII Rules 1 & 3 of the Code of Civil Procedure, 1908 ('CPC, 1908') to record the compromise/settlement arrived at between the parties. The learned Single Judge was pleased to allow the said Interim Application and disposed of the Petitions, being Commercial Arbitration Petition Nos.1600 of 2019 and (L) No.71 of 2020.

II FACTUAL BACKGROUND :

2. The facts which led to the passing of the impugned order are briefly set out hereunder :

2.1 On 15th October, 2005, the parties entered into a contract for Collection and Transportation of Municipal Solid Waste from the City of Bhiwandi Nizampur. On 1st October

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