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2023 Supreme(Online)(Bom) 17472

BOMBAY HIGH COURT
Learned Counsel for Parties, ACJ
Hindustan Petroleum Corporation Ltd v. G. R. Engineering Private Limited


Advocates:
For the Appellants/Petitioners: Mr. Setalvad
For the Respondents: Mr. Jagtiani

Table of Content
1. application seeking release of deposited amount pending an arbitration petition. (Para 2 , 3)
2. arguments presented regarding the hardship faced by the respondent due to prolonged proceedings. (Para 8 , 9 , 13)
3. court's view on allowing partial withdrawal in light of significant delays. (Para 15 , 19)

1. Heard learned counsel for the parties.

2. By this application, the applicant (original respondent) is seeking direction for release of the amount deposited by the petitioner in this Court pending hearing of the arbitration petition.

3. In the present case, the petitioner has filed arbitration petition under S.34 of the Arbitration and Conciliation Act, 1996 , being aggrieved by award dated 2/5/2018 passed by a sole arbitrator, whereby the petitioner was directed to pay specific amount with interest to the respondent.

4. The petition is still at admission stage although more than five years have lapsed from the date of the arbitral award. It is relevant to note that the petition was taken up for hearing and disposal at admission stage. It was extensively heard but on 11/12/2018, this Court had to adjourn the hearing of the petition as it was found that the hearing m


















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