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Bombay High CourtWP/1095/2025transfer to other court

Shreyas Ajitkumar Patil And ANR v. Gaurav Ajitkumar Patil And ORS

2025-01-29Hon'Ble Shri Justice N. J. Jamadar1 pages

25-wp-1095-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1095 OF 2025 Shreyas Ajitkumar Patil and Anr.

...Petitioners

vs.

Gaurav Ajitkumar Patil and Ors.

...Respondents

VISHAL SUBHASH PAREKAR VISHAL SUBHASH PAREKAR Date: 2025.02.03 10:30:55 +0530 Mr. Chetan Patil, for the Petitioners.

CORAM :

N. J. JAMADAR, J.

DATE :

JANUARY 29, 2025 P.C:

1.

Heard the learned counsel for the petitioners. 2.

An arguable question as to whether an application under section 9 of the Arbitration and Conciliation Act, 1996 could be entertained by the Court, when the Arbitral Tribunal already has been constituted and an application under section 17 for interim measures has been filed and posted for hearing on 8th February, 2025 before the Arbitral Tribunal arises for consideration. 3.

Issue notice to the respondent No. 1 returnable 26th February, 2025.

4.

In addition to notice through Court, the petitioners are at liberty to serve respondent No. 1 by private service and file affidavit of service.

5.

In the meanwhile, there shall be ad-interim relief in terms of prayer clause (b).

(N. J. JAMADAR, J.) Vishal Parekar, PS ...1