Aska Equipments Ltd. v. Gujarat State Disaster Management Authority
2023-01-10
MANOJ K.TIWARI, VIPIN SANGHI
body2023
DigiLaw.ai
JUDGMENT Vipin Sanghi, CJ. - Counsel for the appellant has taken instructions. He states that the appellant is ready and willing to accept the impugned order passed by the Commercial Court, under Section 34 of the Arbitration and Conciliation Act, 1996, setting aside the award, and to re-initiate arbitration, so that a fresh award is rendered after hearing all the parties. 2. We, accordingly, dispose of this Appeal as withdrawn. The matter is remanded back to the Arbitral Tribunal to render a fresh award, after hearing the parties on the basis of the record already available. The Arbitral Tribunal shall hear the parties, and pass a reasoned award. 3. The appellant has received Rs. 2.50 crores under the impugned award, pursuant to the directions passed by the Supreme Court. However, no security has been furnished by the appellant, while receiving the said amount. Since the award has been set-aside, and the lis is still pending, it is absolutely necessary that the appellant should furnish a solvent security to the satisfaction of the Commercial Court in the form of either a charge on an immovable property, or by furnishing a bank guarantee. 4. Counsel for the appellant, on instructions, states that the appellant shall furnish the bank guarantee. Let the bank guarantee be furnished positively within four weeks, to the satisfaction of the Commercial Court. 5. The Appeal stands disposed of in the aforesaid terms. 6. Consequently, pending applications, if any, also stand disposed of.