SOLAPUR MUNICIPAL TRANSPORT UNDERTAKING Vs. ASHOK LEYLAND LTD.

JUDGEMENT

(1.) This is a group of two Writ Petitions, both impugning the order dtd. 27/6/2023 passed by the learned District Judge, Solapur in Application below Exhibit '5' in Civil Miscellaneous Application (for short 'CMA') No.160 of 2019 filed by Solapur Municipal Transport Undertaking (hereinafter referred to as 'Undertaking' for the sake of brevity).

(2.) Writ Petition No.11827 of 2023 is filed by the Undertaking who is the Claimant in Arbitration proceedings, whereas, Writ Petition No.6147 of 2024 is filed by Ashok Leyland Ltd. (hereinafter referred to as 'Company' for the sake of brevity) who is the Respondent ' Counter-Claimant in the Arbitration proceedings. Solapur Municipal Corporation is referred to as 'Corporation' for the sake of brevity.

(3.) By the impugned order dtd. 27/6/2023, learned District Judge allowed Application below Exhibit '5' and granted stay on execution and implementation of the Award of Counter Claim of Rs.21,32,58,592.00, Rs.4,54,06,000.00 and Rs.3,31,60,000.00 payable alongwith interest, subject to the Undertaking depositing 50% of the aforesaid amount. Amounts as directed are not deposited. By consent and at joint request of both parties, both Petitions are heard finally.