M/S. Vijay Galani Moviez v. Sukhawant Dhadda

arbp324-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.324 OF 2015 M/s.Vijay Galani Moviez

...Petitioner

V/s.

Sukhawant Dhadda

...Respondent

Mr.Ram Mani Upadhyay for the Petitioner.

Mr.P.G. Lad with Ms.Aparna Murlidharan for the Respondent. CORAM : R.D. DHANUKA, J.

DATE : 30TH JUNE, 2015.

P.C. :- 1.

By this petition filed under section 9 of the Arbitration & Conciliation Act, 1996 (for short "the Arbitration Act"), the petitioner seeks interim measures. Learned counsel appearing for the petitioner seeks permission to convert this petition into an application under section 17 of the Arbitration Act and also seeks to pursue the said application before the learned arbitrator, who has been appointed by this Court by a separate passed today in Arbitration Application No.45 of 2015.

2.

The request of learned counsel for the petitioner is accepted. The present petition is converted into an application under section 17 of the Arbitration Act. The respondent would be at liberty to 1/2

arbp324-15 file the affidavit in reply before the learned arbitrator for opposing the application to be tried by the learned arbitrator under section 17 of the Arbitration Act within two weeks from today.

3.

The learned arbitrator shall decide the application under section 17 of the Arbitration Act expeditiously. This Court has not expressed any views on the merits of the matter. All other contentions, except the existence of the arbitration agreement and about the name of the learned arbitrator are kept open. 4.

Both the parties shall remain present before the learned arbitrator on 9th July, 2015 at 5:30 p.m. for further directions at the venue to be decided by the learned arbitrator. The parties are directed to convey this order to the learned arbitrator. 5.

The arbitration petition is accordingly disposed of. (R.D. DHANUKA, J.) 2/2