Ashadevi Rajendrakumar Gupta v. Atul Projects India Pvt Ltd And ANR

19-comap-95-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL NO. 95 OF 2020 IN COMMERCIAL ARBITRATION PETITION NO. 29 OF 2016 Ashadevi Rajendrakumar Gupta ...Appellant

Versus

Atul Projects India Private Limited & Anr.

...Respondents

......

None for the Appellant.

Mr. Ashish Suryawanshi a/w. Mr.Ankur Kalal i/b. M/s. Markand Gandhi and Co. for Respondent No.1.

Mr. Dipesh Siroya for Respondent No.2.

......

CORAM : R.D. DHANUKA & V.G.BISHT, JJ.

DATE : 22nd March, 2021 P.C.:

1.

The appellant has impugned the order dated 25th June, 2019 passed by the learned Single Judge thereby impounding the Memorandum of Understanding entered into between the original respondent No.1/applicant in a Petition under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "the said Act") Trupti 1/2

19-comap-95-2020.doc 2.

In our view, the order passed by the learned Single Judge in the Commercial Arbitration Application under Section 11 of the said Act is not appealable under Section 37 of the said Act and the same is accordingly dismissed as not maintainable. 3.

In view of dismissal of the Appeal, pending Notice of Motion, if any, also stands disposed of.

(V.G.BISHT, J.) (R.D.DHANUKA, J.) Trupti 2/2