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2011 Supreme(Guj) 8

AKIL KURESHI
JMC PROJECTS INDIA LTD. – Appellant
Versus
MECHTECH ENGINERS – Respondent


Advocates appeared:
MR PARESH M. DAVE for Petitioner(s): 1 - 2.
NOTICE SERVED for Respondent(s): 2.
MR. B.S. PATEL for Respondent(s): 1,

ORDER

1. Petitioner No.1 is a Company registered under the Companies Act. Petitioner No.2 is its Assistant Vice-President. In the present petition, the petitioners have challenged an order dated 21.10.10, passed by learned Additional District Judge, Ahmedabad Rural below Application Ex.10 in Civil Misc. Application No.31/10 by which the learned Judge directed the petitioners to deposit 75% of Rs.48,64,782/- awarded by the Arbitrator in favour of the respondents within one month from the date of the order further providing that failure to comply with the said direction will result into automatic dismissal of the application of the petitioners under section 34 of the Arbitration and Conciliation Act, 1996.

2. Petition arises in following factual background:

2.1 Petitioner No.1 is a company engaged in the business of construction and civil engineering works. Petitioner No.1 Company was awarded rehabilitation and construction work of road project by the Madhya Pradesh Road Development Corporation for which the petitioners required crushing plant with a capacity of 200 tonnes per hour. Order for setting up such a plant called Skid Mounted 200 TPH Crushing Machine was placed by the petiti


























































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