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2024 Supreme(Bom) 424

P. D. NAIK, MANISH PITALE
Goa Shipyard Limited – Appellant
Versus
Shoft Shipyard Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Soli Cooper, Senior Advocate a/w. Mr. Surjendu Sankar Das, Ms. Annie Mittal for Appellant (Goa Shipyard Limited).; Mr. Ashwin Shankar a/w. Ms. Ridhi Nyati for Respondent (Shoft Shipyard Private Limited).

ORDER

Manish Pitale, J. - This is a bunch of thirteen appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), challenging orders passed by the District Court disposing of applications under Section 34 of the Arbitration Act. While Goa Shipyard Limited (GSL) has filed ten appeals, Shoft Shipyard Private Limited (SHOFT) has filed three appeals. Amongst the ten appeals filed on behalf of GSL, two suffer from delay and hence they are accompanied by applications for condonation of delay.

2. In the light of the submissions made on behalf of the rival parties, various issues arise for consideration. It would be appropriate to first refer to the chronology of events in brief, in order to appreciate the background in which the rival submissions have been advanced.

3. SHOFT is the original claimant in the proceedings initiated under the Arbitration Act. GSL had floated a tender on 05.09.2007 for awarding contracts concerning construction of hull and for installation of machinery. The claimant SHOFT was the successful bidder and workorders were issued in its favour. Subsequently, certain additional works were added, which were also carried out by SHOFT. Th

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