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Bombay High Court

Philip Mammen vs Joseph Thomas on 26 July, 2023

Author: Bharati Dangre

Bench: Bharati Dangre

                                     1/2         16 CARBP (L) 20182-23.doc


    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          ORDINARY ORIGINAL CIVIL JURISDICTION
                    IN IT'S COMMERCIAL DIVISION
COMMERCIAL ARBITRATION PETITION (L) NO.20182
                 OF 2023

Philip Mammen                                    .. Petitioner
                            Versus
Joseph Thomas                                    .. Respondent
                                           ...

Mr.Chetan Kapadia, Senior Adv, Mr. Sumit Rai, Mr. Stebin
Mathew, Mr. Dipesh Jain, i/b. Mr. Dipesh Jain for the petitioner.
Ms. Apurva Mehta for respondent.

                            CORAM: BHARATI DANGRE, J.

DATED : 26th JULY, 2023 P.C:-

1. Learned counsel appearing for Mr. Prathmesh Kamat seek a brief accommodation of two weeks to file the response. 2 Mr. Kapadia, submit that the order passed by the sole arbitrator under Section 17 dated 5/07/2023 include a direction to the respondent to deposit a sum of Rs.91,65,000/- in a fixed deposit account in a Nationalized Bank. The deposit is directed to be paid within period of three weeks of the order and it is also directed that the respondent shall not deal with the fixed deposit in any manner whatsoever.

Till the time matter could be heard on merits after response is filed by the respondent or they are ready to proceed Ashish ::: Uploaded on - 27/07/2023 ::: Downloaded on - 28/07/2023 03:04:08 ::: 2/2 16 CARBP (L) 20182-23.doc the matter on merit, the direction (a) and (b) of the impugned order shall not give effect to.

In case if the reply is to be filed, it should be filed within period of one week and the petitioners are at liberty to file rejoinder in a week thereof.

List on 11/08/2023.

( SMT. BHARATI DANGRE, J.) Ashish ::: Uploaded on - 27/07/2023 ::: Downloaded on - 28/07/2023 03:04:08 :::