M/S Bajaj Finance Ltd v. Maruti Koatsu Cylinders Ltd And 4 ORS

915-CHS284-17.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 284 OF 2017 IN EXECUTION APPLICATION NO. 584 OF 2016 IN ARBITRATION NO. 03/JUNE/289/2015 Bajaj Finance Ltd

...Petitioner

Versus

Maruti Koatsu Cylinders Ltd & Ors

...Respondents

Mr Rajesh S Patil, i/b Mahesh Jani & Co, for the Applicant/Respondents.

None for the Petitioner.

CORAM: G.S. PATEL, J DATED:

30th March 2017 PC:- 1.

This application seeks stay of the arbitration proceedings on the basis that the Applicant has challenged the Award dated 11th September 2015 in Civil Miscellaneous Application No. 1 of 2016 before the District Court at Vadodara.

2.

The Chamber summons is made absolute in terms of prayer clause (a).

30th March 2017

915-CHS284-17.DOC 3.

As regards prayer (b) for raising attachment, that relief cannot be granted at this stage. However, the Award Holder will not proceed in execution or in furtherance of that attachment. Liberty to the Award Holder to apply afresh after the arbitration Petition No. 113 of 2016 under Section 34 of the Arbitration & Conciliation Act 1996 is disposed of.

4.

The Chamber Summons is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 30th March 2017