Reigns Infotech Private Limited v. Maharashtra State Skill Development Society

sat 1/2 arbp 556-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 556 OF 2016 Reigns InfoTech Pvt.Ltd.

...Petitioner

vs Maharashtra State Skill Development Society

...Respondent

Mr.Samyak Patil I/b. Abhineet Sharma for Petitioner. Mr.Ashwin Thool with K.G. Mhatre, A. Gonsalves and Manasi Tipnis I/b. Mhatre & Associates for Respondent.

CORAM : S.C.GUPTE, J.

DATE : 28 NOVEMBER 2018 P.C. :

This arbitration petition, filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeks interim protection in respect of a web portal called "Mahakaushalya" and its domain name "www.mahakaushalya.com".

By an order dated 21 March 2016, ad-interim reliefs have been granted in terms of prayer clauses (b),(d) and (e) of the petition. Since the passing of the ad-interim order, the reference before an arbitral tribunal of three arbitrators in respect of the disputes, which have given rise to the present petition, has made a substantial progress. The Petitioner's evidence has been concluded; the Respondent's evidence has also been substantially recorded. Accordingly, the petition can conveniently be disposed of by continuing the ad-interim order passed by this court, and as amended by the order dated 23 March 2016, during the pendency of the reference.

sat 2/2 arbp 556-2016.doc Accordingly, ad-interim relief in terms of prayer clauses (b),(d) and (e) is confirmed pending the reference. It is made clear that this relief is not granted by the court by applying its mind afresh to the reliefs claimed in the petition but simply on the basis that the ad-interim order already granted by this court has held the field for more than two and half years and in the meantime, the arbitration reference has reached at an advanced stage of completion and is about to be over soon. Any variation in the interim order, if such need does arise, may be applied before the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996. This order or the original ad-interim order will not bind the arbitrator in such event.

The arbitration petition is disposed of accordingly. (S.C. GUPTE, J.)