Nikita Builders And Develope0rs Thr. Its Partner Shri.Nandlal G. Kimtani v. Ali Jaffari

5-arpl 17707-19 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ARBITRATION PETITION (ST.) NO.17707 OF 2019 Nikita Builders and Developers through Its Partner Shri.Nandlal G. Kimtani ..Petitioner Vs.

Ali Jaffari ..Respondent ----- Mr.Sanjay Jain with Mr.Sheelang Shah and Ms.Gauri M. i/b. M/s.LJ Law for Petitioner.

Mr.S.C. Wakankar for Respondent.

----- CORAM :

G.S. KULKARNI, J.

DATE :

3rd JULY, 2019 P.C.:

Permission to file vakalatnama to Advocate for the respondent in the office.

2.

Heard Mr.Jain, learned Counsel for the petitioner and Mr.Wakankar, learned Counsel for the respondent. 3.

This petition under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") is filed assailing an order dated 17 June, 2019 passed by the learned District Judge-1 Pune, whereby ad-interim reliefs on the petitioner's section 9 application, filed post award are rejected, while issuing notice to the respondent. 4.

It is informed that hearing of the section 9 application (Miscellaneous Civil Application No.533 of 2019) is scheduled on 5 July, 2019. The respondent now has notice of the proceeding before the trial

5-arpl 17707-19 Court. Learned Counsel for the respondent submits that his client would appear in the said proceedings.

5.

As the impugned order is an ad-interim order and the parties would be heard on merits, the learned District Judge-1, Pune, shall take up the petition for hearing on interim reliefs as prayed by the petitioner and pass appropriate orders after hearing the parties. 6.

Needless to observe that the learned District Judge-1, Pune, shall consider and decide the section 9 application of the petitioner on its own merits and without being influenced by the impugned ad-interim orders dated 17 June 2019.

7.

All contentions of the parties including on merits of the matter are expressly kept open.

8.

The petition stands disposed of accordingly.

9.

The parties to act on an authenticated copy of this order. [G.S. KULKARNI, J.]