M/S Mani Buildtech Private Limited vs Magic Landbase Private Limited on 23 July, 2018

[Cites 3, Cited by 1]

Himachal Pradesh High Court

M/S Mani Buildtech Private Limited vs Magic Landbase Private Limited on 23 July, 2018

Bench: Sandeep Sharma

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                      Arbitration Case No.33 of 2018




                                                                                     .
                                                        Date of Decision No.23.07.2018





    M/s Mani Buildtech Private Limited                                          ........ Petitioner





                                                    Versus
    Magic Landbase Private Limited            .....Respondent
    ______________________________________________________
    Coram:




    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting? 1

    For the Petitioner:                     Mr.Nimish Gupta, Advocate.

    For the Respondent:     Mr.Neeraj Gupta, Advocate.

     __________________________________________________________
     Sandeep Sharma, Judge (oral):

By way of instant application filed under Section 9 of the Arbitration and Conciliation Act(for short Act) , petitioner has prayed that till the time arbitrator is appointed by this Court in terms of Section 11(6) of the Act, respondent-Company be directed to deliver the possession of the machinery lying in illegal detention of the respondent-company, as detailed in Annexure A-3 to the petitioner-Company. Since, Arbitrator for adjudication of the dispute inter se parties stands appointed by this Court vide judgment dated 1 Whether the reporters of the local papers may be allowed to see the judgment?

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23.7.2017 in Arbitration Case No.32 of 2018, present application has rendered infructuous and accordingly, the same is disposed of.

2. However, it is made clear that till the time petitioner moves an appropriate application under Section 17 of the Act before the learned Arbitrator, praying therein for interim directions, petitioner may be permitted by the respondent-company to depute a

r to watchman at construction site, so that no pilferage of material, if any, belonging to the petitioner lying on the spot, takes place.

Though, factum with regard to machinery, if any, lying on the spot has been disputed by Mr. Neeraj Gupta, Advocate, but aforesaid aspect of the matter shall be considered and decided by the learned Arbitrator before whom an application for interim direction shall be filed by the petitioner at the first opportunity.

Pending applications, if any, also stand disposed of.

(Sandeep Sharma), Judge 23 rd July, 2018 (shankar) ::: Downloaded on - 25/07/2018 23:01:06 :::HCHP

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Himachal Pradesh High Court