Jaykumar Jivanlal Munot And ANR. v. Santosh Viswanath Patil And ANR.

1/2 916.COARA-1-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

GAURI AMIT GAEKWAD CIVIL APPELLATE JURISDICTION GAURI AMIT GAEKWAD Date: 2023.05.06 17:03:47 +0530 COMMERCIAL ARBITRATION APPEAL NO.1 OF 2023 Jaykumar Jivanlal Munot and Anr.

.....Appellants Vs.

Santosh Viswanath Patil and Anr.

.....Respondents ---- Dr. Abhinav Chandrachud a/w. Mr. Nitin Gaware and Mr. Sahil Choudhari for appellants.

Mr. Jaykumar Munot, appellant no.1 and Mr. Dinesh Munot, appellant no.2 present in person.

Mr. Alankar Kirpekar a/w. Mr. Vivekanand V. Krishnan, Mr. Shekhar Bhagat, Mr. Ayush Tiwari and Ms. Chitali Bhogle i/b. Mr. Vivekanand V. Krishnan for respondent no.1.

Mr. Santosh V. Patil, respondent no.1 present in person. ---- CORAM : K. R. SHRIRAM & RAJESH S. PATIL, JJ.

DATED : 4th MAY 2023 P.C. :

After the appeal was heard for some time, by consent, the following order is passed :

(a) the impugned order dated 8th February 2023 passed by the District Judge - 2, Nashik is quashed and set aside;

(b) respondent no.1, who was petitioner in Section 9 petition, is at liberty to apply to the sole Arbitrator appointed - Mr. Justice S.K. Shinde (retired) for an order under Section 17 of the Arbitration and Conciliation Act, 1996 and that order could be similar to the reliefs sought in Section 9 petition;

(c) the learned Arbitrator is requested to list the application for hearing and dispose the same at the earliest and may also consider on its own merits whether any ad-interim relief has to be granted. We do not express any opinion on that;

Gauri Gaekwad

2/2 916.COARA-1-2023.doc (d) until 15th June 2023 appellants shall not dispose any of the assets of the partnership firm - M/s. Huge Technocrat.

In view of the above, appeal stands disposed. Interim application, if any, also stands disposed.

All rights and contentions of the parties are kept open. We clarify that we have not made any observation on the merits of the matter.

Both counsels assure the Court that their respective clients will fully co-operate with the learned Arbitrator for expeditious disposal of not only Section 17 application but also the entire arbitral proceedings. (RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.) Gauri Gaekwad