SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Bom) 457

FIRDOSH P POONIWALLA
Cfm Asset Reconstruction Pvt. Ltd. – Appellant
Versus
Sar Parivahan Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Ranjeev Carvahlo with Ms. Aaushi Doshi and Mr. Deep Dighe i/b. DS Law, for the Applicant/ Petitioner; Mr. Aditya Shiralkar with Ms. Garima Mehrotra and Mr. Satish Desai, for Respondent Nos.l, 2 and 3.

JUDGMENT

Firdosh P Pooniwalla, J. - The present Petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act'), challenging in part the Arbitral Award dated 23rd November, 2023 passed by the learned Arbitrator. By the impugned Award, the learned Arbitrator allowed the claim of Petitioner No.1 (Claimant) for a sum of Rs.59,97,210/-. At the same time, the Arbitrator allowed the Counter Claim filed by Respondent Nos. 1 to 3 for a sum of Rs.1,25,69,768/- and, accordingly, after giving credit for the claim amount, directed Petitioner No.1 to pay Respondents a sum of Rs.65,72,558/-.

2. The facts, as narrated by the Petitioner, are as under:-

    (a). A Loan Agreement dated 29th January, 2010 was executed between L & T Finance Company as the lender and Respondent No.1 whereunder the lender advanced a loan of sum of Rs.2,85,70,000/-, for a term of 34 months, together with interest at the rate of 6.26% p..a. The Loan Agreement provided that any delay in payment of loan amounts would be subject to the Delay Payment Charges. The loan facility was to be secured by hypothecation of assets for the purpose of which the facility was availed. On the occurren

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon telegram-icon
          whatsapp-icon Back to top