Kavis Fashions Pvt. Ltd. v. M/S. Dimple Enterprises And 3 Others

2_ARBP826_14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.826 OF 2014 Kavis Fashions Private Limited ...

Petitioner Vs.

Dimple Enterprises and others ...

Respondents Mr. Shyam Mehta, Senior Advocate a/w. Mr. Bhavik Manek and Mr. Shehzad A. K. Najam-es-sani i/b. Maneksha & Sethna for Petitioner. Mr. S. U. Kamdar, Senior Advocate a/w. Mr. Indranil Deshmukh, Mr. Vineet Unnikrishnan, Ms. Samhita Mehra, Ms. Vaidehi Chande i/b. Cyril Amarchand Mangaldas for Respondents.

CORAM : MANISH PITALE, J.

DATE : JUNE 05, 2023 P.C. :

By a separate order passed today, this Court has dismissed the petition. The learned senior counsel appearing for the petitioner has invited attention of this Court to the fact that in the present case, interim order was granted during the pendency of the arbitration proceedings, way back in the year 2008 and subsequently, during the course of the proceedings, when the matter had reached the Supreme Court, on 09.05.2014, while requesting this Court to expedite hearing of the petition, the Supreme Court had directed that the respondents shall not create third party interest till the decision of this Court. 2.

The learned senior counsel appearing for the respondents has by MINAL SANDIP PARAB Date:

2023.06.05 18:15:40 +0530 MINAL SANDIP PARAB vehemently opposed the prayer for grant of extension of interim order in the matter.

3.

But considering the fact that the limited direction of restraining the respondents from creating third party interest has been operating at least since 09.05.2014, this Court is inclined to extend the same only for 1/2

2_ARBP826_14.doc a period of two weeks. Accordingly, the said order directing the respondents not to create any third party interest is extended only for a period of two weeks from today.

4.

It is made clear that no further extension will be granted. (MANISH PITALE, J.) Minal Parab 2/2