Tata Capital Financial Services Limited. v. Automobile Sterling And 2 ORS.

2-CARBP-172-2020+3.DOCX Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMM ARBITRATION PETITION NO. 172 OF 2020 Tata Capital Financial Services Limited

...Petitioner

Versus

Sterling Motor Company & Ors

...Respondents

AND COMM ARBITRATION PETITION NO. 173 OF 2020 Tata Capital Financial Services Limited

...Petitioner

Versus

Automobile Sterling & Ors

...Respondents

Ms Sanaya Dadachanji,with Zil Shah, i/b Manilal Kher Ambalal & Co, for the Petitioner.

None for the Respondent.

Mr DN Kher, Court Receiver, present.

CORAM:

G.S. PATEL, J (Through Video Conference) DATED:

6th November 2020 PC:- Shephali Mormare 1.

Heard through video conferencing.

by Shephali Mormare Date: 2020.11.07 11:24:32 +0530 6th November 2020

2-CARBP-172-2020+3.DOCX 2.

I passed an order on 21st September 2020. The Arbitration Petition was disposed of along with a Section 14 Petition filed by the Respondents.

3.

It seems that before the Arbitral Tribunal, the Respondents have on Affidavit sought to contend that all previous ad-interim and interim orders passed by this Court in Section 9 Petition are "impliedly vacated".

4.

That is entirely incorrect. There was no such order, nor any such intention. If a previous order is to stand vacated, the final order will say so.

5.

All previous ad-interim and interim order/s are to be held to have continued without interruption and will continue pending the disposal of the Section 17 Application before the learned sole Arbitrator.

6.

Both applications for speaking to the minutes are disposed of in these terms. There will be no order as to costs. 7.

copy of this order.

(G. S. PATEL, J) 6th November 2020