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2021 Supreme(Bom) 1830

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. K. MENON, J
M/s. P. L. Adke – Appellant
Versus
Wardha Municipal Corporation/Council – Respondent


Advocates appeared:
Mr. Prathamesh Kamat a/w Ms. Aditi Maheshwari, Mr. Shiv Iyer,
Ms. Ankita Sen i/b. Ganesh & Co. for the appellant/applicant.
Ms. Aparna Devkar for the respondent.

P.C. :

1. By this appeal, the appellant seeks to challenge an order dated 4th November, 2019 passed by the District Court, Nasik, in an Arbitration Application (Commercial) under Section 9 of the Arbitration and Conciliation Act. The appellant had filed the application seeking an injunction restraining the respondent corporation from proceeding with levy of penalty, fine from deducting additional security deposit and invoking the risk and cost clause and also to restrain the respondent from blacklisting the appellant. The District Court by the impugned order rejected the petition and hence the appeal.

FACTS

2. The appellant claims to be registered under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME) and claims to have supplied goods and rendered services to the respondent under an agreement dated 27th May, 2018 under work order dated 28th May, 2018 for the Wardha Sewerage Scheme. The contention of the appellant is that the respondent corporation failed to provide an obstruction free site and to secure the requisite permissions. Work under the contract was therefore delayed. It sought extension of time but the respondent failed to grant extension. In February 2019

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