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Bombay High CourtAO/298/2017dismissed

Shri Sanjay Danchand Ghodawat Thr.Poa. Sumeet S. Ravel v. Wind World (India) Limited Thr.Managing Dir.Yogesh Mehra

2016-12-19Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka2 pages

rsk 1 P-2-AOST-34744-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION PEAL FROM ORDER (ST) NOS.34744 OF 2016, 34747 OF 2016, 34757 OF 2016, 34759 OF 2016 WITH CIVIL APPLICATION (ST) NOS.34745 OF 2016, 34749 OF 2016, 34758 OF 2016, 34760 OF 2016 IN PEAL FROM ORDER (ST) NOS.34744 OF 2016, 34747 OF 2016, 34757 OF 2016, 34759 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Girish Godbole a/w Mr. Tejesh Dande a/w Mr. Dhongte a/w Mr. Abhang a/w Mr. Bharat Gadhavi a/w Mr. Akshay Tapkir i/b Tejesh Dande & Associates for the Appellant.

CORAM : A.S.OKA AND ANUJA PRABHUDESSAI,JJ.

DATE : DECEMBER 19, 2016.

P.C.:

.

Not on board. Taken on board.

2.

The learned counsel for the Appellant submits that these Appeal have been preferred under section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act, 2015. By the impugned orders, the learned Judge of the Commercial Court has declined to grant any ad-interim relief on the petition filed by the Appellant under section 9 of the Arbitration and the Conciliation Act, 1996. We find from the impugned order that the learned Judge has declined to grant ex-parte ad-interim relief. He was

rsk 2 P-2-AOST-34744-16.doc of the view that the prayer for drastic ad-interim relief cannot be considered without hearing the Respondent. That is why he has issued notice on the Application and made it returnable on 20/12/2016. There is no rejection of the prayer for ad-interim relief. 3.

Hence no case is made out for interference at this stage. Appeals are dismissed. The pending Civil Applications do not survive and the same are dismissed.

4.

All contentions of the parties on merits are kept open. (ANUJA PRABHUDESSAI,J) (A.S.OKA,J.)