Orangefish Enterainment Pvt Ltd v. Ngc Network (India ) Pvt Ltd

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 187/2018 ORANGEFISH ENTERAINMENT PVT LTD ..... Appellant Through:

Mr. Suhail Dutt, Sr. Adv. with Mr. Raj S. Mittal, Mr. Alok Sunny, Mr. Ankur Manchanda and Mr.Azhar Alam, Advocates.

versus NGC NETWORK (INDIA) PVT LTD ..... Respondent Through:

Mr. Dayan Krishnan, Sr. Adv. with Mr. Sahil Sethi, Mr. Devvrat Joshi and Mr. Sanjeevi Seshadri, Advs.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 21.08.2018 CAVEAT No.755/2018 Since the counsel for the caveator has put in appearance the caveat stands discharged.

CM APPL. 33797/2018 (for exemption) Allowed, subject to all just exceptions.

FAO(OS) (COMM) 187/2018 & CM APPL. 33798/2018 (for stay) Admit.

Mr. Sahil Sethi, Advocate accepts notice of admission of the appeal.

With the consent of the parties, the appeal is heard today.

The appellant's grievance is with respect to an ex-parte adinterim order. According to learned senior counsel, the order was made on a misreading of another order of Punjab & Haryana High Court and in complete ignorance of the circumstance that an arbitral tribunal is constituted which precluded Section 9 of the Arbitration and Conciliation Act.

This Court noticed that next returnable date is 06.09.2018. The appellant had highlighted that the subject event is to take place in near future and irreparable loss will ensue if its appeal is not heard. In the event, the appellant is at liberty to raise all contentions; at the same time it should file its reply, if any, within a week from today. Learned Single Judge is requested to look into the merits and pass appropriate orders, in accordance with law, having regard to the timeline involved.

The appeal is disposed of in the above terms. S. RAVINDRA BHAT, J ANU MALHOTRA, J AUGUST 21, 2018 nn