Sumathi Developers Pvt. Ltd v. Harshad C. Valia And 6 ORS

NMAL. 3034-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) No. 3034 OF 2015 IN APPEAL(L) No. 819 OF 2015 IN ARBITRATION PETITION (L) No. 1855 OF 2015 Sumathi Developers Pvt. Ltd.

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Appellants Vs.

Harshad C. Valia & Ors.

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Respondents *** Ms. Nivedita Kumdasi i/b Dewani Associates, for the Applicants. Mr. S. U. Kamdar, Sr. Counsel with Chirag Kamdar, Harshil Parekh, Kuber Wagle i/b M/s. Purnand & Co., for Respondent Nos. 1 and 2. Mr. Farhan Dubash, Ms. Apeksha Munot i/b Wadia Gandhi & Co. for Respondent No. 5.

Mr. Gauraj Shah i/b Kanga & Co. for Respondent No. 7. *** CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ.

DATE : NOVEMBER 26, 2015 PC.

1.

Appellants are challenging the ad-interim order passed by the learned Single Judge in a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996. We are informed that a direction was given to the Appellants to file their reply, but the reply has already been filed. We are informed that the Petition is likely to 1 / 2

NMAL. 3034-15 come up for hearing. We request the learned Single Judge to expeditiously dispose of the petition filed under Section 9 of the said Act. It is clarified that the observations made by the learned Single Judge while passing ad-interim order are of prima facie nature. Needless to say that learned Single Judge may not be influenced by the observations made in the ad-interim order. All contentions raised by both the parties are kept open. Appeal is disposed of in the aforesaid terms.

2.

In view of dismissal of the appeal, Notice of Motion (L) No. 3034 of 2015 filed therein does not survive and is accordingly disposed of.

Sd/- Sd/- [REVATI MOHITE DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2