: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.554 OF 2008 WITH CIVIL APPLICATION NO.194 OF 2008 Chanda Construction Company ..Appellant. Vs. Gammon India Ltd. & Anr. ..Respondent. Mr.Uday P. Warunjikar for the Appellant. Mr.Shekhar Shetye with Mr.Subodh S. Kurdukar for Respondent No.1. Ms.Sonali Shinde i/b. M/s. Consulta Juris for Respondent No.2. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 23RD JUNE, 2008 DATED : 23RD JUNE, 2008 DATED : 23RD JUNE, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. An unaffirmed copy of an affidavit has been tendered in Court to the Appellant’s Advocate. Mr.Shetye states that the affidavit will be affirmed by tomorrow. 3. In addition, Mr.Shetye seeks to tender to the learned Advocate an application under Section 8 of the Arbitration and Conciliation Act, 1996. Mr.Warunjikar however states that he has no : 2 : instructions to accept the same. The same shall therefore be served upon the Advocate in the trial Court. 4. If the Notice of Motion cannot be heard for any reason within two weeks from today, the Appellant is at liberty to make a fresh application for ad-interim reliefs. 5. Appeal from Order and the Civil Application are disposed of accordingly. 6. All the contentions including those under the Arbitration and Conciliation Act are kept open. ***