Siddhitech Developers v. Indira Radia And 2 Others

by PRASHANT VILAS RANE Date:

2022.08.23 15:51:53 +0530 PRASHANT VILAS RANE pvr 2carbp422-17-nmcd469-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO. 422 OF 2017 Siddhitech Developers.

..Petitioner vs.

Indira Radia & Ors.

..Respondents with Notice of Motion No.469 of 2017 in Commercial Arbitration Petition No.422 of 2017 ----- Ms.Subit Chakrabarti with Ms.Apurva Pawar i/b. Vidhi Partners, for the Petitioner.

Mr.Ashish Kamat & Akshay Puranik, Ms.Manorama Mohanty & Sameet Savla i/b. S.K.Srivastav & Co., for Respondent Nos.1 and 2. ----- CORAM : G.S. KULKARNI, J.

DATE : AUGUST 20, 2022.

P.C.:

1.

It is informed by the learned Counsel for the petitioner that the final award has already been published by the arbitral tribunal. The order as assailed in the present proceedings is an order passed on an application filed under Section 17 of the Arbitration and Conciliation Act,1996 (for short 'the Act'). The proceedings, accordingly, have become infructuous. The petition is accordingly disposed of, however, keeping all contentions of the parties open in respect of any assail to the final award as made by the arbitral tribunal, in a petition filed under Section 34 of the Act being Arbitration Petition No.562 of 2018 and Arbitration Petition No. 885 of 2018 and post award Section 9 petition as filed by the respondents in these pending matters.

pvr 2carbp422-17-nmcd469-17.odt 2.

Notice of Motion also would not survive. It is accordingly disposed of. The rights of the interveners are expressly kept open to be urged in the appropriate proceedings.

3.

Office to list the Arbitration Petition No.562 of 2018 and Arbitration Petition No.885 of 2018 for admission/hearing on 22 September 2022.

[G.S. KULKARNI, J.]