Order 1

Order Details: Notice of Motion
Pdf Text: : 1 : Notice of Motion No.718 of 2018
CNR No.MHCC010026332018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.718 OF 2018
IN
SUIT NO.7604 OF 2003
Ashok Buildcon Ltd. .. Plaintiff.
Versus
Maharashtra State Road and Anr. .. Defendants
Appearance :
Advocate Aniruddha for Plaintiff.
Advocate Vishal Ghosalkar for defendants.
CORAM : HIS HONOUR JUDGE
SHRI ANAND L. YAWALKAR
(COURT ROOM NO. 31)
DATED : 14.01.2019
: ORDER :
This Notice of Motion is taken out by plaintiff for referring
this suit to the arbitrator.
2. Counsel for plaintiff submitted that they had filed the suit for
a decree of Rs. 40 Lakhs against the plaintiff before this court, based on
a contract dated 31.05.2002 in between the plaintiff and defendant. It
was further submitted that defendant is a corporation, which is
established by the Government of Maharashtra. Counsel for plaintiff
further contended that as per the resolution of the State dated
13.10.2016, it had adopted arbitration as a policy for settlement
of the disputes. It was further contended that it is the initiative taken
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: 2 : Notice of Motion No.718 of 2018
by the Government to resolve the dispute through arbitration for
reducing the pendency before the court. As it is policy decision it would
not cause any prejudice to the State and prayed to refer the dispute for
arbitration.
3. Defendant appeared and submitted that the matter is pending
for since long. The defendant is delaying it. They agreed to the
Government Resolution dated 13.10.2016 and further contended that
as per policy initiative the dispute which is more than Rs. 5 Crores and
above in value has to be referred to arbitrator. The said Government
Resolution is not applicable to the plaintiff’s case as value of the present
dispute is less then 40 lakhs. Earlier Arbitration Petition No. 26/2007
was dismissed by the Hon'ble High Court on 02.05.2018. Thus, they
prayed to dismiss the motion.
4. Heard argument of both the parties. Perused the reply and
other material on record.
5. Upon considering the hearing and perusing the material on
record it is evident that the plaintiff is relying upon Government
Resolution dated 13.10.2016. According to this resolution Government
had adopted the recourse to arbitration as policy initiative for
settlement of the disputes. Further, this resolution is applicable for
dispute, which are more than Rs. 5 Crores in value and above. The case
of plaintiff being the suit for Rs. 40 Lakhs does not comes within the
ambit of this resolution and thus the defendant cannot be forced to
proceed for arbitration. Hence, considering this the notice of motion is
not maintainable and accordingly I pass the following order.
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: 3 : Notice of Motion No.718 of 2018
: ORDER :
Notice of Motion No. 718 of 2018 is dismissed.
Anand.L.Yawalkar
Judge,
City Civil & Sessions Court,
Date: 14.01.2019 Gr. Mumbai
Dictated on : 15.01.2019
Transcribed on : 15.01.2019
Signed on : 15.01.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
On 16.01.2019 at 1.45 p.m.
UPLOAD DATE AND TIME Mrs. P.R.Vengurlekar
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.)
H.H.J. Anand.L.Yawalkar
C.R.No.31
Date of Pronouncement of
JUDGMENT/ORDER
14.01.2019
JUDGMENT/ORDER signed by P.O. on 15.01.2019
JUDGMENT/ORDER uploaded on 16.01.2019
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