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2023 Supreme(Online)(Bom) 4562

BOMBAY HIGH COURT
Urmila Joshi-Phalke, J
M/s. KJV Alloy Conductors Private Limited – Appellant
Versus
Maharashtra State Electricity Distribution Company Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Namit Ram Kanungo
For the Respondents: Mr. S.V. Purohit

JUDGMENT :

1. The applicant is seeking for transfer of the proceeding pending on the file of District Judge-1, Nagpur bearing No. Misc. Civil Application No.908/2017 to the Principal Seat at Mumbai.

2. As per contention of the applicant, the applicant is a small scale industrial unit engaged in manufacturing of transformers and is covered by the Micro, Small and Medium Enterprises Development Act, 2006. The non-applicant No.1-Maharashtra State Electricity Distribution Company Limited filed Misc. Civil Application No.908/2017 under Section 34 of the Arbitration and Conciliation Act , 1996 for joint disposal with Commercial Arbitration Petition No.451/2017. The Commercial Arbitration Petition Nos.457/2017, 458/2017 and 463/2017 are already fixed before the Single Judge at Principal Seat, Mumbai on 14.12.2022. It is the contention of the applicant that the aforesaid petitions pending at Mumbai and the petitions which sought to be transferred arise out of supplies being made by the applicant to the non-applicant No.1 and are identical in nature on facts and law under the Arbitration and Conciliation Act , 1996. It is further contention of the applicant that the common factor in all the

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