Manmohan Kapani v. Kapani Resorts Pvt. Ltd.

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.09.19 16:11:28 +0530 1 21-ARBP 119-24 @ connected matters.doc MUGDHA MANOJ PARANJAPE

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. Farhan Dubash and Ms. Sheetal Raghani for the Respondents. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

18TH SEPTEMBER 2024 P.C. :

1.

This matter was heard and the parties were directed to file their written submissions.

2 21-ARBP 119-24 @ connected matters.doc 2.

The submission was advanced on behalf of the Respondents that the shares in questions are not properly valued. 3.

Mr. Rajadhyaksha, Learned Counsel appearing on behalf of the Petitioner while disputing the fact that the shares were not properly valued, submits that the Petitioner has a valuation report, but the same did not find mention in the submissions only because the said point is not earlier argued or pleaded. He thus sought leave of the Court to produce a copy of the said valuation report.

4.

Mr. Dubash, Learned Counsel appearing on behalf of the Respondents today sought leave of the Court to bring on record certain correspondence and valuation reports which he submitted that the Respondents had in their possession. It is thus that he sought time. 5.

Since I would now have heard the matter essentially afresh, let the th Affidavit be filed by Learned Counsel for the Respondents on or before 25 September 2024. Affidavit in Rejoinder to the same, if any, to be filed, by the th September 2024.

Learned Counsel for the Petitioner on or before 30 rd October 2024 at 2.30 p.m.

6.

Stand over to 3

3 21-ARBP 119-24 @ connected matters.doc 7.

It is made clear that if there are no submissions advanced by both the parties on the next date, the Court will proceed on the submissions advanced on the earlier dates.

8.

Additional Affidavit, if any, to be filed in the Registry. 9.

Time is extended to file written submissions in the Registry on behalf of the Respondents.

(ARIF S. DOCTOR, J.)