Himachal Pradesh High Court
Capital Foods Pvt. Ltd. vs . Una Miricle Foods & Ors. on 21 October, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
Capital Foods Pvt. Ltd. vs. Una Miricle Foods & Ors.
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Arb. Appeal No. 23 of 2022.
21.10.2022 Present: Mr. B.C. Negi, Senior Advocate with Ms. Krishna Tangirala, Advocate and Ms. Shrada Karol, Advocate, for the appellant.
Arb. Appeal No. 23 of 2022.
Issue Notice to respondents No.1 and 2, at this stage, returnable on 18th November, 2022.
OMP No. 732 of 2022.
Notice in the aforesaid terms.
Perusal of impugned order reveals that the same has been passed without consideration of any para meters required for adjudication of an application Under Section 9 of the Arbitration and Conciliation Act. Merely, because an order has been passed to be operative till next date does not mean that the Court can pass such order on its whims. There is nothing on record to suggest that the learned District Judge had gone into any material on record. It becomes more relevant, in the light of the arguments raised by learned counsel for the appellant, that the Court of learned District Judge was duly apprised about the fact that another application under Section 9 of the Arbitration and Conciliation Act was pending before the Court of competent jurisdiction at Chandigarh. Impugned order further reveals that it has been passed in the presence of learned counsel for the respondents. It is not the case where the respondents had conceded the order.
::: Downloaded on - 21/10/2022 20:09:09 :::CISKeeping in view the entirety of facts and .
circumstances and more particularly the fact that the Court at Chandigarh was already seized of the matter by entertaining an application under Section 9 of the Arbitration and Conciliation Act in respect of the same agreement, the impugned order needs to be stayed.
Accordingly, till the next date, the operation and execution of impugned order dated 29.09.2022 passed by learned District Judge, Una, in Arb. Case No. 9 of 2022 shall remain stayed.
(Satyen Vaidya) Judge.
21st October, 2022.
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