J.K. Kinerals, A Partnership Firm And Others v. Indira W/O Late Vinaychandra Jatashankar Trivedi
AA8-19 FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR ARBITRATION APPEAL NO. 8/2019 (J.K. MINERALS & OTHERS VERSUS INDIRA VINAYCHANDRA TRIVEDI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.D. Dangre, counsel for appellant.
Shri A.S. Thotange, counsel for respondent.
CORAM : A.S. CHANDURKAR, J.
DATE : JULY , 2019.
The challenge in the present appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 is to the order dated 26.02.2019.
In the application filed under Section 9 of the said Act by the respondent, the learned Principal District Judge had directed the appellants to produce deed of partnership entered into between the parties. At the same time, the respondent was directed to obtain a copy of the deed of partnership from the Registrar of Firms.
Shri A.S. Thotange, learned counsel for the respondent submits that a copy of the deed of partnership has been obtained from the Registrar of Firms.
In that view of the matter since copy of the deed of partnership is now available with the respondent, she is free to rely upon the same in the aforesaid proceedings. The challenge to Direction No.1 as raised therefore does not survive.
AA8-19 The arbitration appeal is accordingly disposed of. It is noted that the appellants have raised an objection to the maintainability of the proceedings. Needless to state that the appellants are free to pursue the stand taken by them in their reply.
JUDGE APTE