BOMBAY HIGH COURT
ASHOKA BUILDCON LTD. NASHIK – Appellant
Versus
MAHA ACTIVE ENGINEERS INDIA PVT.LTD. MUMBAI THR.ITS DIR.SUNIL VASUDEORAO VIDOLKAR AND ANR. – Respondent
JUDGMENT :
[ Per A.S. Chandurkar, J. ]
1. Admit. The Commercial Arbitration Appeal is taken up for final disposal with consent of learned counsel for the parties.
2. In this Commercial Arbitration Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, “Act of 1996”), a common order dated 15th March 2024 passed by the learned District Judge – 2, Nashik below Exhibits 1, 5 and 25 in Commercial Arbitration Application No.1 of 2024 is under challenge. By the said order, the Arbitration Application preferred by the 1st respondent – Maha Active Engineers India Private Limited (“MAEIPL” for short) under Section 9 of the Act of 1996, read with Section 10 of the Commercial Courts Act, 2015 , came to be allowed. A direction was issued to the appellant – Ashoka Buildcon Limited (“ABL” for short) to deposit a sum of Rs.63,27,46,890/- in Court within a period of six weeks with an alternative to furnish a bank guarantee of a nationalized bank of the said amount within a period of six weeks. ABL was also restrained from disposing of, selling, encumbering, alienating, transferring, parting with possession of, creating any third- party rights or otherwise dealing wit
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