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Bombay High CourtARA/13/2021allowed

Meenamani Ganga Builders Llp Thr. Designated Partner Shri Ankit Umesh Goel v. Shree Enterprises Thr. Proprietor Mrs. Swati Tanaji Patil Thr. Poa Holder Shri. Tanaji Patil.

2021-06-09Hon'Ble Shri Justice A. K. Menon2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.13 OF 2021 Meenamani Ganga Builder LLP .. Applicant/Appellant v/s.

Shree Enterprises .. Respondent Dr. Birendra Saraf, Sr. Advocate, i/b. Jaydeep Deo for the appellant. Pradeep J. Thorat i/b. Aniesh S. Jadhav for the respondent. CORAM : A. K. MENON, J.

DATED : 9 TH JUNE, 2021.

(THROUGH VIDEO CONFERENCE) P.C. :

1. It is common ground that in Arbitration Petition no.45 of 2021, a Sole Arbitrator has been appointed by consent. The order impugned in this appeal grants status quo at the construction site. This is evident from Exhibit A to the appeal memo. This order since been continued from time to time and effectively the building construction has been halted. The appellant has a money claim and Mr. Thorat, the learned counsel appearing for the appellant today states that in view of the appointment of a tribunal, an application for interim relief under Section 17 will 1/2 906.ara-13-21 (civil).doc wadhwa

be filed on or before 18 th June, 2021.

2. Replies, if any, shall be filed as directed by the Arbitrator.

3. In the meantime, it is agreed that the order of status quo shall continue only upto 25 th June, 2021.

4. In view of the above, appeal is disposed with the aforesaid directions.

5. In view of the aforesaid, on the application of Mr. Thorat, Misc. Application no.157 of 2021 on the file of District Judge, Pune, is finally disposed. Registry to communicate the same to the District Court, Pune, (A. K. MENON, J.) 2/2 906.ara-13-21 (civil).doc wadhwa