Khar Super Store Pvt. Ltd. And ANR. v. Ifr Events Pvt. Ltd.

nms 1467 of 2016 (938).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1467 OF 2016 IN ARBITRATION PETITION NO.1284 OF 2014 Khar Super Store Pvt. Ltd. and Anr.

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Petitioners/Applicants versus IFR Events Pvt. Ltd.

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Respondent Mr. Anand Mishra i/by Mr. A.M.Saraogi, for Applicants. Mr. A. Davar i/by M/s. Mulani and Co., for Respondent. CORAM: S.J. KATHAWALLA, J.

DATE: 8 th JULY, 2016 P.C.:

1.

By an order dated 13-01-2015, by consent of the parties, this Court interalia passed the following order :

"(iv) Pending the arbitration proceedings and for a period of four weeks from the date of passing of the Award, the Respondents shall conduct the restaurant business and shall deposit an amount of Rs.60,000/- per month with the Prothonontary and Senior Master of this Court, which amount shall be disbursed as per the final award/order passed in the matter.

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2.

The Petitioners have taken out the above Notice of Motion since the Respondent repeatedly defaulted in making monthly payments of Rs.60,000/- as agreed. It is only after the above Notice of Motion was taken out that the Respondent ssp 1/2

nms 1467 of 2016 (938).sxw paid the outstanding amount. In view thereof, it is clarified that if the Respondent fail to make payments as agreed, the Court will be constrained to appoint Court Receiver, High Court, Bombay, in respect of the suit premises and terminate the permission granted to the Respondent to conduct the hotel business. 3.

The Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J. ) ssp 2/2