Ashok Mohanraj Chhajed v. Shanklesha Construction And 5 ORS

42-OSIA-1563-2023 IN WP-1261-2021.DOC Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1563 OF 2023 IN WRIT PETITION NO. 1261 OF 2021 Ashok Mohanraj Chhajed ...Applicant In the matter between Shanklesha Construction & Ors

...Petitioners

Versus

Union of India, through the Income Tax Department & Anr

...Respondents

Mr Mayur Khandeparkar, with Ativ Patel, i/b AVP Partners, for the Petitioners.

An Advocate, i/b Ashok Saraogi for the Applicant. Respondent appearance is not given.

CORAM

G.S. Patel & Neela Gokhale, JJ.

DATED:

17th July 2023 PC:- AMOL PREMNATH JADHAV AMOL PREMNATH JADHAV Date: 2023.07.18 10:52:49 +0530 1.

The Interim Application dismisses itself. It is in the nature of application under Section 29A of the Arbitration and Conciliation Act 1996. It cannot be made before a Division Bench assigned the Writ Petitions, even a Division Bench assigned 'Writ Petitions not assigned to any other Court'. This is because it cannot be an 17th July 2023

42-OSIA-1563-2023 IN WP-1261-2021.DOC application in a Writ Petition at all, but must be made before the Arbitration Court. We also do not see how it can be made in a disposed Writ Petition.

2.

The Interim Application is rejected with liberty to file appropriate proceedings in the arbitration Court. (Neela Gokhale, J) (G. S. Patel, J) 17th July 2023