Madhuri Subhash Sangle And ORS. v. Tejpal Navalmal Jain (Huf) Thr.Karta Mr. Tejpal Navalmal Jain And ORS.

1 911.ARA.49.23.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SAYYED SAEED ALI AHMED ALI Date:

2024.12.12 14:06:17 +0530 SAYYED SAEED ALI AHMED ALI CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 49 OF 2023 WITH INTERIM APPLICATION NO. 17730 OF 2023 WITH INTERIM APPLICATION NO. 6976 OF 2024 Madhuri Subhash Sangle & Ors.

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Petitioners

Versus

Tejpal Navalmal Jain & ors.

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Respondents WITH ARBITRATION APPEAL NO.50 OF 2023 WITH INTERIM APPLICATION NO. 6975 OF 2024 Madhuri Subhash Sangle & Ors.

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Petitioners

Versus

Tejpal Navalmal Jain & ors.

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Respondents _______________________________________________________________ Mr. Yuvraj Narvankar a/w Ms. Raufa Shaikh for the Appellant. Mr. Sumit Kothari for respondent No.2.

_______________________________________________________________ CORAM : M. S. Sonak & Jitendra Jain, JJ.

DATE : 11 December 2024 P.C.:- 1.

This arbitration Appeal has already been admitted. On 30 January 2024, this Court granted an interim relief restraining the respondents from creating any third-party rights, title, or interest of any nature whatsoever in the assets of the partnership firm until the next

2 911.ARA.49.23.docx hearing date.

2.

The record shows that this ad-interim order was extended from time to time and is to operate till 15 December 2024. The matter has been moved today by expressing apprehension that after 15 December 2024, which is Sunday, the ad-interim relief may not continue. Learned counsel for the parties requested to fix the date for considering the application for interim relief. The regular Bench has expressed difficulty, and as the alternate Bench, the matter is before us. 3.

Accordingly, we post the interim application No.17730 of 2023 for interim relief for hearing on 9 January 2025. The ad-interim order granted on 30 January 2024 shall continue as indicated above and shall continue to operate till the next date.

4.

There are interim application No. 6976 of 2024 and interim application No. 6975 of 2024 to bring on record the legal representatives of deceased respondent No.3. Mr. Narvankar, learned counsel for the applicant, points out that the legal representatives have been served through publication as was allowed by this Hon'ble Court. Despite service, there is no appearance on behalf of the legal representatives. Sufficient grounds have been made out in the interim applications. 5.

Accordingly, both interim applications are allowed, and legal representatives of the respondents are directed to be brought on record.

3 911.ARA.49.23.docx Mr.Narvankar states that the necessary amendment will be carried out within two weeks from today.

6.

The interim applications No. 6976 of 2024 and No. 6975 of 2024 are disposed of.

(Jitendra Jain, J.) (M. S. Sonak, J.)