Kamla Landmarc Enterprises v. Rajesh Babulal Tibrewal

88-ARBP-432-2025=521-ARBPL-28239-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION 88-ARBITRATION PETITION NO. 432 OF 2025 Kamla Landmarc Enterprises

...Petitioner

Versus

Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2025.10.11 21:54:11 +0530 Rajesh Babulal Tibrewal

...Respondent

SHRADDHA KAMLESH TALEKAR AND 521-ARBITRATION PETITION (L) NO. 28239 OF 2025 Kamla Landmarc Enterprises

...Petitioner

Versus

Shyamsunder Shubkaran Kedia

...Respondent

Mr. Yatin Shah, for Petitioner.

Mr. Girish Kedia, for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : SEPTEMBER 22, 2025 ORDER :

1.

This captioned Petitions are filed under Section 9 of the Arbitration and Conciliation Act, 1996 ("the Act"). 2.

Considering the peculiar factual matrix and the fact that the parties are before the Learned Arbitral Tribunal, which is in the midst of September 22, 2025 Shraddha

88-ARBP-432-2025=521-ARBPL-28239-2025.doc conducting the proceedings, it would not be appropriate to consider these Petitions under Section 9 of the Act. Instead, these Petitions may be treated as applications under Section 17 of the Act for appropriate consideration by the Learned Arbitral Tribunal which is already ceased of the matter.

3.

Both the captioned Petitions are disposed of with liberty to approach the Learned Arbitral Tribunal, treating the captioned Petitions as Applications under Section 17 of the Act. Should any formal requirement of an order of this Court be necessary in relation to the Court Receiver, after the Learned Arbitral Tribunal has applied its mind to what is an appropriate interlocutory measure, the parties are at liberty to approach this Court.

4.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] September 22, 2025 Shraddha