R D Dhanuka, J. - (1.) The applicant i.e. Konkan Irrigation Development Corporation (KIDC), the original petitioner and applicant in Notice of Motion (L) No. 2007 of 2019 seeks permission to place on record in the Commercial Arbitration Petition (L) No. 681 of 2019, the charge-sheet dated 25th August, 2015 annexed as Exh.A to the affidavit in support of the Notice of Motion against various persons including the respondent no.1 i.e. M/s. F.A. Enterprises. The State of Maharashtra, the original petitioner in Commercial Arbitration Petition No. 921 of 2019 and the applicant in Notice of Motion No. 2192 of 2019 seeks permission to file on record the affidavit of Shri Sanjay Krishna Ghanekar, Secretary to Government (Project and Coordination), Water Resource Department, dated 21st August, 2019 for placing on record the copy of FIR bearing 123/2015 with all the annexures and copy of charge-sheet dated 8th August, 2016 in Commercial Arbitration Petition No. 921 of 2019 under Section 34(2)(a) of the Arbitration and Conciliation Act, 1996.
(2.) By consent of parties both the aforesaid Notices of Motion were heard together and are being disposed of by a common order. The Commercial Arbitration Petition (L) No. 681 of 2019 and the Commercial Arbitration Petition No. 921 of 2019 are filed impugning the Arbitration Award dated 3rd April, 2019 passed by the Arbitral Tribunal directing the petitioner in Commercial Arbitration Petition (L) No. 681 of 2019 to pay a sum of Rs.303 Crores approximately with other reliefs against the petitioner in that Commercial Arbitration Petition. The petitioners in Commercial Arbitration Petition No. 921 of 2019 have impugned the same arbitral award. The City and Industrial Development Corporation (CIDCO) has also filed a separate Arbitration Petition bearing No. 793 of 2019 inter-alia praying for setting aside the same arbitral award as against the said petitioner. CIDCO however has not filed any separate notice of motion in the said arbitration petition for the reliefs as sought by the other two petitioners referred to aforesaid.
(3.) The final hearing of the three aforesaid Arbitration Petitions has already commenced. The petitioners in all the aforesaid three Arbitration Petitions have concluded their arguments. M/s. F.A. Enterprises, who is the contesting respondent has also commenced arguments in the aforesaid three Arbitration Petitions. During the argument of the respondent no.1, the applicants have filed the aforesaid two Notices of Motion for taking additional documents on record in these two Arbitration Petitions.;