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2024 Supreme(Bom) 404

R. I. CHAGLA
Balmer Lawrie & Co. Ltd. – Appellant
Versus
Shilpi Engineering Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shyam Kapadia a/w Mr. Sanket Singh and Iyanah Parbhoo i/by Meraki Chambers
For the Respondent: Mr. Darshit Jain A/W Neeli Sandesara, Deep Dighe i/by India Law LLP

ORDER :

1. By this Interim Application, the Applicant/original Petitioner has sought recall of the order dated 4th September 2019 passed by this Court disposing of the Commercial Notice of Motion No. 2275 of 2018 filed by the Applicant. Further relief is sought for stay on the execution, operation and effect of the impugned Award dated 5th July 2018 passed by the Sole Arbitrator.

2. With regard to the prayer clause (a), which seeks restoration of the Commercial Notice of Motion No. 2275 of 2018, upon a perusal of the prior order dated 26th July 2019 passed by this Court, it is apparent that by the said order the time for filing pleadings was only extended. In the subsequent order dated 4th September 2019 reference has been made to the order dated 26th July 2019 and it has been recorded that, the Notice of Motion by that order was treated as disposed of. This recording is on the face of it incorrect. The Notice of Motion had not been disposed of. Accordingly, the order dated 4th September, 2019 passed in Notice of Motion No. 2275 of 2018 filed by the Applicant/original Petitioner is recalled and the Notice of Motion is restored to file.

3. Considering that there is already a prayer cla

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