Ind Swift Limited And 3 Others v. Tata Capital Financial Services Ltd And ANR

oswp1352 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1352 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Amit Shroff for the Petitioner Mr.Bhavik Manek a/w Mr.Tushar Kadam i/b MDP & Partners for the Respondent No.1.

CORAM : A.S.OKA, & SMT.ANUJA PRABHUDESSAI,JJ.

DATE : DECEMBER 2, 2016 P.C.

Heard the learned counsel for the petitioners. The only prayer under Article 226 of the Constitution of India is prayer clause (a) which reads thus:

"(a) For issuance of Writ of Mandamus or any other Writ in the nature of mandamus or any other writ, order or direction under Article 226 of the Constitution of India directing the Respondent No.1 and 2 to suspend the Arbitration proceedings till the disposal of reference by BIFR."

oswp1352 The issue was raised by the petitioner before the second respondent-learned Arbitrator. By order dated 18th March 2016, the application made by the petitioner raising the said contention has been rejected by the learned Arbitrator. As of today, the said order has become final.

In view of the order of the learned Arbitrator, the relief which is prayed for in this petition cannot be granted and the same is rejected.

(ANUJA PRABHUDESSAI,J.) (A.S.OKA,J.)