Bhanumati Jaisukhbhai Buhta v. Ivory Properties And Hotels Pvt Ltd And ANR

RNG 1/2 3.nm.467.for stay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.467 OF 2017 (for stay) in COMM.ARBITRATION PETITION NO.350 OF 2017 Bhanumati Jaisukhbhai Bhuta .. Applicant vs Ivory Properties & Hotels Pvt.Ltd .. Respondent ------ Mr.T.N.Subramanium with Mr. Rajesh Shah, Mr.Chetan Yadav,Mr.Rubin Vakil, Ms.Nupur Desai,Ms.Ginni Ahuja i/b M/s Markand Gandhi & Co for Petitioner in CARBP No.350/2017.

Mr.Shailesh Shah Sr.Counsel with Mr.D.Banerji, Ms.Aditya Udeshi and Netaji Gawade i/b Sanjay Udeshi & Co for petitioner in CARBPL No.267/17 and for Respondent no.2 in CARBP No.350/2017.

Mr.Yash Kapadia, Ms.Suvidha Vedpathak i/b M/s Maneksha & Sethna & Co for Respondent no.1 Coram : G.S.KULKARNI, J Date : 5.2.2019 P.C By a separate order passed today on the above Arbitration Petition filed under section 34 of the Arbitration and Conciliation Act, 1996 which challenges the award dated 17.2.2017 passed by the learned sole Arbitrator, is admitted.

2.

Considering the facts and circumstances of the case, and as also taking into consideration the basic issues of challenge as noted in the said order passed, it will be in the interest of justice that operation of the impugned award dated 14.2.2017 passed by the sole Arbitrator is stayed.

RNG 2/2 3.nm.467.for stay 3.

This notice of motion is accordingly allowed in terms of prayer clause (a). which reads thus:

"that pending the hearing and final disposal of the Arbitration Petition, this Hon'ble Court be pleased to stay the operation of the Arbitral award dated 14th February 2017 passed by the Arbitral Tribunal." 4.

No costs.

(G.S.KULKARNI, J)