Hoec Bardahl India Limited v. Lv Rustore Applications Private Limited And ANR

sat 1/1 arbp 661-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 661 OF 2016 HOEC Bardahl India Ltd.

...Petitioner

vs LV Rustore applications Pvt.Ltd. & Anr

...Respondents

Ms.Meharunnisa Tole I/b. Mehta & Girdharlal for Petitioner. Ms.Veena C. Khatri for Respondent No.1.

Mr.Durgaprasad Poojari I/b. PDS Legal for Respondent No.2. CORAM : S.C.GUPTE, J.

DATE : 6 DECEMBER 2018 P.C. :

Learned Counsel for Respondent No.2 tenders his reply to the arbitration petition.

Learned Counsel for the Petitioner submits that considering that this petition, filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeks interim relief pending an arbitral reference and also considering that during the pendency of the present petition, the reference itself has made a substantial progress and an award is about to be declared soon, he, therefore, does not press the present petition, seeking, however, liberty to apply to the arbitral tribunal for appropriate reliefs under Section 17 of the Arbitration and Conciliation Act, should such need arise. The arbitration petition is, accordingly, disposed of as not pressed with liberty as prayed for.

(S.C. GUPTE, J.)