Bombay High Court
Mr. Carnet Elias Fernandes And Anr vs Aditya Birla Finance Limited on 28 August, 2018
Author: B.P. Colabawalla
Bench: S.C. Dharmadhikari, B.P. Colabawalla
APP360.16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 360 OF 2016
Syed IN
Rehmat ARBITRATION PETITION NO. 1118 OF 2015
Pasha
Digitally signed
by Syed Rehmat
Pasha 1 Mr. Carnet Elias Fernandes & Anr. ... Petitioners
Date:
2018.08.30
10:38:18 +0530 Vs
Aditya Birla Finance Limited ... Respondent
WITH
NOTICE OF MOTION (L) NO. 2618 OF 2015
IN
APPEAL NO. 360 OF 2018
IN
ARBITRATION PETITION NO. 1118 OF 2015
WITH
CONTEMPT PETITION (L) NO. 35 OF 2017
IN
NOTICE OF MOTION (L) NO. 2618 OF 2015
IN
APPEAL NO. 360 OF 2018
IN
ARBITRATION PETITION NO. 1118 OF 2015
Dr. Abhinav Chandrachud i/b Brijesh Pathak for the Appellant.
Mr. Bharat Manek i/b KMC Legal Venture for the Respondent.
Mr. D.R. Shetty, Court Receiver, present.
SRP 1/2
APP360.16.doc
CORAM : S.C. DHARMADHIKARI &
B.P. COLABAWALLA, JJ.
TUESDAY, 28TH AUGUST, 2018 P.C. :
1 Today, this matter was listed for passing orders because we thought that there is a consensus on the final disposal of the appeal as suggested to both sides.
2 Today, it appears that both sides are not agreeable to a final disposal of the appeal and in the terms suggested. In such circumstances, in the event the respondent wants a discharge of the Court Receiver or variation of the interim order passed in this appeal, then, the respondent must make an appropriate application supported by an affidavit to satisfy the Court that there are indeed changed circumstances warranting variation or vacation of the interim order.
3 Granting that liberty, we keep both the appeal as also the same interim order pending.
B.P. COLABAWALLA, J. S.C. DHARMADHIKARI, J. SRP 2/2