Bombay High Court
Maharana Pratap Education Center ... vs Matrix Partners India Investment ... on 7 September, 2018
Author: B. P. Colabawalla
Bench: S. C. Dharmadhikari, B. P. Colabawalla
904.comap.327.18..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL APPEAL NO. 327 OF 2018
Shailendra Bhadauria and Others ..Appellants
Vs.
Matrix Partners India Investment
Holdings LLC and Others ..Respondents
WITH
NOTICE OF MOTION NO. 683 OF 2018
IN
COMMERCIAL APPEAL NO.327 OF 2018
IN
CHAMBER SUMMONS (L)NO.1167 OF 2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 2113 OF 2018
Shailendra Bhadauria and Others ..Applicants
IN THE MATTER BETWEEN
Shailendra Bhadauria and Others ..Appellants
Vs.
Matrix Partners India Investment Holdings
LLC and Others ..Respondents
WITH
COMMERCIAL APPEAL (L) NO.414 OF 2018
Digitally WITH
signed by
Anjali NOTICE OF MOTION (L)NO.941 OF 2018
Anjali Tushar WITH
Tushar Aswale
Aswale Date: CHAMBER SUMMONS (L)NO. 1167 OF 2018
2018.09.10
16:10:47
+0530
Aswale 1/3
904.comap.327.18..doc
Maharana Pratap Education
Center (MPEC) and Others ..Appellants
Vs.
Matrix Partners India Investment
Holdings, LLC (Matrix 1) and Others ..Respondents
Mr.Zal Andhyarujina a/w Mr. Vaibhav Sugdare, Mr.. Hursh
Meghani, Mr. Samsher Garud i/b Jaykar and Partners, for the
Appellants.
Mr. Janak Dwarkadas, Senior Advocate a/w Mr. Sharan Jagtiani,
Mr. Nitesh Jain, Ms. Juhi Mathur, Mr. Aditya Malhotra, Ms.
Ayusmita Sinha i/b Shardul Amarchand Mangaldas, for
Respondent Nos.1 to 3.
Mr. Mustafa Kachwala i/b Kachwala Misar and Co, for Respondent
No.6.
CORAM:-S. C. DHARMADHIKARI &
B. P. COLABAWALLA, JJ.
DATE :- SEPTEMBER 7, 2018.
P. C.:
By consent of both parties, we place these matters on 12th September, 2018.
2 It is clarified that we will give a ruling on the point of maintainability and in the event we hold that the Appeals are maintainable, we would consider it on merits. Aswale 2/3
904.comap.327.18..doc 3 Since the issue of interpretation of certain legal provisions arises, we deem it fit and proper and by keeping the objections of maintainability alive, we pass the following order:-
a) Without prejudice to the rights and contentions of both sides, particularly of the Appellants in these Appeals, we record the statement of Mr. Andhyarujina that the Appellants would file an affidavit disclosing their assets and properties subject to prosecution of these Appeals.
b) Such an affidavit would be filed on or before 12th September, 2018. In the event this affidavit is filed and copies served on the Respondents, we direct that pending these Appeals, the Respondents shall not take any steps in furtherance of the impugned order.
c) We clarify that pendency of these Appeals shall not be a bar for the learned Single Judge to decide pending Appeals filed by the Appellants under Section 37 of the Arbitration and Conciliation Act, 1996 (for short "the Act") challenging the order of the arbitral Tribunal passed under Section 17 of the Act.
( B. P. COLABAWALLA, J. ) ( S. C. DHARMADHIKARI, J. ) Aswale 3/3