Abbott India Limited v. Zenith Drugs And Allied Agencies Pvt. Ltd.

1/2 CARBP509.17-39

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM. ARBITRATION PETITION NO.509 OF 2017 AND ARBITRATION PETITION NO.663 OF 2017 Arbott India Limited )....Petitioners V/s.

Zenith Drugs & Allied Agencies Pvt. Ltd.

)....Respondents ---- Mr.Mayur Khandeparkar a/w Mr.Zain Mookhi, Mr.Shrivardhan Deshpande a/w Ms.Isha Maniar i/by M/s.Desai & Diwanji for petitioners.

None for respondents.

---- CORAM : K.R.SHRIRAM,J DATE : 13.11.2017 P.C.:- Mr.Khandeparkar appearing for petitioners in both the petitions states that the ad-interim order passed on 29.9.2017 has already been implemented and therefore, ad-interim order dated 29.9.2017 be confirmed as final order in these petitions and petitions accordingly, be disposed.

Mr.Khandeparkar states that copy of this order has also been served upon respondents who despite serving the petitions, have not remained present earlier. Even today it does not appear that respondents have entered appearance in these petitions. KJ

2/2 CARBP509.17-39 Mr.Khandeparkar on instructions, states that petitioners' advocate has not received any communication from respondents entering appearance in these petitions.

In the circumstances, order dated 29.9.2017 is confirmed as order in these petitions and petitions stand disposed. The statement of Mr.Khandeparkar that invocation of arbitration will be made within 3 weeks from today is accepted. It is made clear that if invocation is not made and steps are not taken to commence arbitration within 3 weeks period, the order passed in these petitions will stand vacated without further reference to this court.

(K.R.SHRIRAM,J) KJ