Earthstone Natural Resources Pvt.Ltd v. Golden India Mines And Infrastructure Ltd.

kvm 1/2 23-ARBP1300.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1300 OF 2014 Earthstone Natural Resources Pvt. Ltd.

..... Petitioner

VERSUS

Golden India Mines & Infrastructure Ltd.

..... Respondents Mr.Chirag Mody, a/w. Mr.S.K.Chari, Mr.Munaf Virjee, i/b. DSK Legal for the Applicant/Petitioner.

Mr.Kunal Dwarkadas, a/w. Mr.Shrivardhan Deshpande, i/b. M/s.Desai & Diwanji for the Respondents.

CORAM :

R.D. DHANUKA, J.

DATED :

12th JUNE, 2015 P.C.

By this petition filed under section 9 of the Arbitration and Conciliation Act, 1996 the petitioner seeks interim measures. Learned counsel appearing for the petitioner states that this petition be allowed to be converted into an application under section 17 of the Arbitration and Conciliation Act, 1996. Learned counsel appearing for the respondents states that the affidavit filed by the respondents also shall be considered as reply to such application under section 17. Request of both the learned counsel is accepted. Pleadings in this petition be treated as pleadings in application under section 17 of the Arbitration and Conciliation Act, 1996. 2.

Ad-interim order passed by this court on 14th March, 2014 and continued by orders dated 16th April, 2014 and 12th June, 2014 to continue until further orders as may be passed by the learned arbitrator. The learned arbitrator shall make an endevour to dispose of the application filed under section 17 within three months

kvm 2/2 23-ARBP1300.14 from the date of the first meeting. The petitioner would be entitled to apply for continuation of the ad-interim order passed by this court and the respondents would be at liberty to apply for vacating the ad-interim order passed by this court. 3.

Arbitration petition is disposed of in the aforesaid terms. No order as to costs.

[R.D. DHANUKA, J.]