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Bombay High CourtIA/1390/2025disposed off

Ashok Rajkumar Gupta v. Godrej Finance Limited

2025-04-03Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

21-IAL-504-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 504 OF 2025 IN ARBITRATION PETITION NO. 73 OF 2025 Ashok Rajkumar Gupta ...Applicant

Versus

Godrej Finance Limited

...Respondent

Mr. Devang Manjrekar, a/w Deshna Parikh, for the Applicant.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 3, 2025 PC :

1.

The applicant's grievance is against an order passed by the Learned Arbitral Tribunal restraining two properties from being alienated, and creating any third-party rights. Such order is said to have been passed ex parte and that too by an arbitrator, who has been unilaterally appointed. 2.

Learned Counsel for the respondent had submitted that a reply would be filed no later than March 28, 2025. However, no reply has been filed. Consequently, no rejoinder has been filed either.

April 3, 2025 Rekha Patil REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2025.04.08 18:57:19 +0530

21-IAL-504-2025.doc 3.

In these circumstances, it cannot lost sight of that today none has appeared on behalf of the respondent. 4.

The Arbitral Tribunal is requested to deal with Section 16 application forthwith and within a period of three weeks from date on which the Order dated March 25, 2025 was communicated to the arbitrator.

5.

Stand over to April 17, 2025 on the Supplementary Board, to check the status of the decision of Section 16 application. On that date the Court would not hesitate to vacate the interim order should the Section 16 application not have been dealt with by the learned Arbitrator. Advocate for the applicant shall deliver a copy of this order and shall communicate the passing of this Order to the Arbitrator and upon the Order being uploaded, also serve a copy of this order on the Learned Arbitral Tribunal. 6.

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.] April 3, 2025 Rekha Patil