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CA/182120/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR INJUNCTION No. 1821 of 2010
In
FIRST
APPEAL No. 2723 of 2009
=========================================================
GUJARAT
MARITIME BOARD - Applicant(s)
Versus
M/S
PARAM INDUSTRIES LTD (EARLIER SUNRISE SERVICES LTD) - Opponent(s)
=========================================================
Appearance
:
MR
PR NANAVATI for
Applicant(s) : 1,
MR NIRAV C THAKKAR for Opponents) :
1,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 19/02/2010
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
Heard
the learned advocates.
This
is an application for interim stay pending the Appeal.
In
the above First Appeal preferred by the applicant Gujarat
Maritime Board the subject matter of dispute is the award dated 22nd
July 2006 passed by the Arbitrator whereby the claim of the Gujarat
Maritime Board for recovery of rent from the opponent – M/s. Param
Industries Limited is rejected whereas the counter claim made by the
opponent for recovery of rent already paid and for compensation for
mental agony in the sum of Rs.83,88,212/- has been allowed.
Prime
facie, the finding and decision in respect of the counter claim for
recovery of rent already paid and the compensation for mental agony
appear to be beyond the terms of the reference made to the
Arbitrator.
For
the aforesaid reason, pending the Appeal, there shall be interim stay
in terms of paragraph 8 (a).
Rule
is made absolute.
(Ms.
R.M. Doshit, J.)
(K.M.
Thaker, J.)
…
(karan)
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