Bombay Textile Research Association v. Nilkanth Enterprise

pvr 6nmcd692-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION NOTICE OF MOTION NO.692 OF 2017 IN COMMERCIAL ARBITRATION PETITION NO.519 OF 2017 Bombay Textile Research Association.

...Applicant.

In the matter between Bombay Textile Research Association.

..Petitioner Vs.

Nilkanth Enterprise ..Respondents ----- Mr.F. Devitre, Sr.Counsel with Sarosh Bharucha, Ms.Sneha Jaisingh i/b. Bharucha & Partners, for the Petitioner/Applicant. Mr.P.K.Dhakephalkar, Senior Counsel with Simil Purohit, Ashok Paranjape, Radhika Dixit and Shivani Vora i/b. MDP & Partners, for the Respondents.

----- CORAM :

G.S. KULKARNI, J.

DATE :

10th DECEMBER, 2018 ---- P.C.:

1.

The above petition filed under Section 34 of the Arbitration and Conciliation Act,1996, is admitted by a separate order passed today. 2.

I have heard Mr.Devitre, learned Senior Counsel for the petitioner/applicant and Mr.Dhakephalkar, learned Senior Counsel for the respondents on the notice of motion.

pvr 6nmcd692-17 3.

Considering the nature of the award and the rival claims as made by the parties, it will be appropriate and in the interest of justice that the impugned award is stayed.

4.

Accordingly, pending the hearing and final disposal of the above petition, execution and implementation of the impugned award shall remain stayed.

5.

The applicants are also directed not to create any third party rights of any nature whatsoever in regard to the disputed/ suit property till the final disposal of the present proceedings. 6.

Ordered accordingly.

5.

Notice of motion is accordingly disposed of. No costs. [G.S. KULKARNI, J.]