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Bombay High CourtCOMAP/30/2016

M/S Icon Builders And Developers v. Homai Mahal Premises Co Operative Society Ltd And ANR

2016-08-30Hon'Ble Smt. Justice Swapna S. Joshi,Hon'Ble Shri Justice V.M. Kanade2 pages

1/2 NMCAL 19 of 2016 Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL (L) No. 19 OF 2016 WITH NOTICE OF MOTION (L) No.19 OF 2016 IN COMMERCIAL APPEAL (L) No. 21 OF 2016 IN COMMERCIAL ARBITRATION PETITION (L) No. 81 OF 2016 M/s.Icon Builders and Developers ...Appellants Vs.

Homai Mahal Premises Co-operative Society Ltd. And Anr.

...Respondents

****** Mr. Ram Apte, Senior Counsel i/b. Mr. Hassan Khan for the Appellants Mr. Ameet Mehta a/w. Mr. Vikhil Dhoka a/w. Mr. Mukesh Gupta i/b. Solicis Lex for Respondents ****** CORAM : V. M. KANADE & SMT. SWAPNA S. JOSHI, JJ DATE : AUGUST 30, 2016 P.C. :

1.

Since this appeal is against the ad-interim order passed by the Learned Single Judge in the application under Section 9 of the Arbitration and the Conciliation Act, 1996 we are not inclined to interfere with the said order. Moreover, the direction given by the Learned Single Judge has been complied with by the Respondents

2/2 NMCAL 19 of 2016 without prejudice to their rights and contentions. 2.

In this view of the matter, appeal practically has become infructuous. Reserving the right of the Appellants to challenge any further order passed by the Learned Single Judge, appeal is disposed of. All contentions of all the parties are kept open. Notice of Motion does not survive and it is disposed of.

SWAPNA S. JOSHI, J.

V.M. KANADE, J.

Vaishali Tikam