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2022 Supreme(Bom) 2061

B. P. COLABAWALLA
Angerlehner Structural – Appellant
Versus
Municipal Corporation Of Greater Bombay – Respondent


Advocates Appeared:
Mr. Firoz and hyarujina, Senior Counsel a/w, Mr. Javed Gaya, Manek and hyarujina, Vidya Chaudhari, Mona Malvade i/b Chamber of Javed Gaya, for the Appellant; Mr. A. Y. Sakhare, Senior Counsel a/w Jitendra Mishra, Pooja Yadav, for the Respondent.

ORDER

1. The above Execution Application is filed for executing the Arbitral Award dated 23rd June 2014 passed in favour of the Applicant and against the Municipal Corporation of Greater Mumbai (for short the MCGM).

2. The MCGM was aggrieved by the Award passed by the Arbitral Tribunal, and therefore challenged the same before this Court under Section 34 of the Arbitration and Conciliation Act, 1996 (for short the Arbitration Act). However, the said challenge was repelled by a learned single judge of this Court vide his order dated 27th February 2019. Even an Appeal filed under Section 37 of the Arbitration Act before the Division Bench of this Court was dismissed on 8th September 2021. The order of the Division Bench was thereafter challenged before the Hon'ble Supreme Court by filing an SLP which was also dismissed on 22nd November 2021. The Hon'ble Supreme Court granted time to the MCGM up to 31st March 2022, to make payment to the Applicant.

3. In light of the above factual position, this Execution Application was moved before me on 9th March 2022. On the said date, it was poi

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