- 1 - 919 chs.1365.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1365 OF 2010 IN EXECUTION APPLICATION NO. 111 OF 2010 IN AWARD DATED 20TH AUGUST 2007 M/s. Uran Shipyard Private Limited ..Claimant/Applicant -Versus- Municipal Corporation of Gr.Mumbai ..Respondent .......... Mr.Harshad H.Trivedi for the Claimant/Applicant. Mr.H.C.Pimple i/by Smt.V.K.Khatu & Ors for the Respondent. .......... CORAM : S.J. KATHAWALLA, J. DATE : 11TH MARCH 2011. P.C. 1 By consent of the parties, the following order is passed : (i) The issue as to whether the Corporation is entitled to and/or justified in levying the penalty of Rs.18,46,800/- on the Applicant-Uran Shipyard Private Limited is referred to as an additional issue in the ongoing arbitration between the parties before the sole Arbitrator - Justice A.A.Halbe (Retd.). - 2 - 919 chs.1365.10 (ii) The amount of Rs.41,87,297/- already deposited by the Municipal Corporation with the Prothonotary and Senior Master of this Court shall continue to remain deposited and invested until the learned Arbitrator passes an award on the aforesaid issue and for a period of eight weeks thereafter, in the event, the decision of the learned Arbitrator on the issue is adverse to the Claimant/Applicant. (iii) The Applicant shall be at liberty to file an additional statement of claim as well as evidence before the learned Arbitrator qua the aforestated issue and the respondent- Corporation shall also be at liberty to file their additional written statement/reply/evidence. 2 The Chamber Summons is accordingly disposed of. [ S.J. KATHAWALLA, J. ] -