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2021 Supreme(Bom) 1205

AVINASH G.GHAROTE
Dy Chief Engineer (construction) Central – Appellant
Versus
B N Agrawal, Through Its Partner, Special Power Of Attorney Holder - Ashwin Suresh Agrawal – Respondent


Advocates appeared:
Sanjeev B Deshpande, Advocate, R.S. Deshmukh, Advocate, Nirmal Rajendra Dayama, Advocate

JUDGMENT

Avinash G Gharote, J. - Heard Mr.Sanjeev Deshpande, learned Counsel for the appellant and Mr.Rajendra Deshmukh, learned Senior Counsel with advocate Mr.Nirmal Dayma, for the Respondent. For the sake of convenience, the parties are referred, as they were before the lower Court. The arguments have been advanced on Arbitration Appeal No.26 of 2021. Learned Counsels for the parties, submit that the facts and the legal position in Arbitration Appeal No.25 of 2021 are identical except for certain dates and fgures and, therefore, except for this variation, what has been argued in Arbitration Appeal No.26 of 2021, will equally apply to Arbitration Appeal No.25 of 2021.

2. The arbitration appeal no.26 of 2021 raises challenge to the judgment dated 11.05.2021, passed by the learned Principal District Judge, Jalgaon, in CMA No.34 of 2021 under Section 9 of the Arbitration and Conciliation Act, 1996 ("A & C Act, 1996", for short, hereinafter), whereby, the effect, operation and execution of the impugned notice dated 02.01.2021, issued by the Non applicant/appellant, has been stayed till the constitution of arbitral tribunal and the applicant/Respondent herein has been directed to take a

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