Goa Food And Pharma (P) Ltd., Through Its Director, Mr. R.K. Chawla., v. Goa Antibiotics And Pharmaceuticals Ltd., Through Its Managing Director, Shri. S.V. Vernekar.,

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 56 OF 2017 IN APPEAL UNDER ARBITRATION ACT NO. 1 OF 2016 GOA FOOD AND PHARMA (P) LTD., THROUGH ITS DIRECTOR, MR. R.K.

CHAWLA., ... Applicant

Versus

GOA ANTIBIOTICS AND PHARMACEUTICALS LTD., THROUGH ITS MANAGING DIRECTOR, SHRI. S.V.

VERNEKAR., ... Respondent Mr. S. M. Singbal, Advocate for the applicant. Mr. S. Pinto, Advocate for the respondent.

Coram:- M. S. SONAK, J.

Date:- 18th April, 2017 P.C.

Heard Mr. S. M. Singbal, learned Advocate for the applicant and Mr. S. Pinto, learned Advocate for the respondent.

2. The appeal has already been admitted, accordingly there shall be a stay on the execution of the impugned award subject to the applicant depositing in this Court entire awarded amount together with interest and costs within a period of 12 weeks from today. It is made clear that incase any default in depositing the said amount the stay shall stand vacated without any further reference to this Court.

3. Mr. Singbal, learned Counsel for the applicant further

CA/56/2017 submits that interim orders may be issued restraining the coercive action against the Directors of the applicant's company. In the first place, now that execution of the award is stayed, there is no question of any coercive action in the matter. Secondly, issue of coercive action against the Directors is not at all live before this Court and therefore, it will not be appropriate to make any orders in that regard at this stage. As and when occasion arises, the applicant will certainly have the liberty to take out appropriate application in this regard.

4. Civil Application stands disposed of accordingly. M. S. SONAK, J.

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