Manmohan Kapani v. Kapani Resorts Pvt. Ltd.

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.09.04 10:27:27 +0530 MUGDHA MANOJ PARANJAPE 1 908-ARBP 119-24 @ connected matters.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.119 OF 2024 Manmohan Kapani ... Petitioner V/s.

Kapani Resorts Pvt. Ltd. & Ors.

... Respondents WITH INTERIM APPLICATION (L) NO.20487 OF 2023 IN ARBITRATION PETITION NO.119 OF 2024 WITH ARBITRATION APPLICATION NO.169 OF 2024 ----- Mr. Rohan Rajadhyaksha, Ms. Pallavi Singh i/by Shlok Chandra for the Petitioner.

Mr. Lohit Bimal (through VC), Raghav Bimal, Kevin Khana, Suhit Jain i/by Sheetal Raghani for the Respondents.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

3RD SEPTEMBER 2024 P.C. :

1.

Mr. Rajadhyaksha, Learned Counsel appearing on behalf of the Petitioner seeks extension of time to carry out amendments. Hence, time to carry out the amendments is extended upto tomorrow.

2 908-ARBP 119-24 @ connected matters.doc 2.

Today, Learned Counsel appearing on behalf of the Respondents tenders written submissions.

3.

The matter was kept today for filing of the written submissions. It was made clear to Learned Counsel for the parties that the written submissions can only reflect what was argued on the earlier date. 4.

Mr. Rajadhyaksha, Learned Counsel appearing on behalf of the Petitioner points out that some contentions have been taken in the written submissions filed by the Respondents which were never argued on that date. 5.

Learned Counsel appearing on behalf of the Respondents does not dispute this position, however he submits that he could always be permitted to advance further arguments. I find that this contention is untenable, since in fact he chose to advance further arguments on something which was not argued and for which the proper course of action should have taken as to the leave of the court. This is not done in the present case. 6.

Mr. Rajadhyaksha, Learned Counsel for the Petitioner however fairly submits that if the Respondents chose to advance these arguments as

3 908-ARBP 119-24 @ connected matters.doc stated in Clauses 6 and 7 of the written submissions, he be granted an opportunity to meet the same.

th September 2024 at 2.30 p.m.

7.

Stand over to 9 (ARIF S. DOCTOR, J.)