Gujarat High Court
Metas Of Seventh-Day Adventist vs Wockhardt Hospitals Limited on 17 November, 2017
Author: M.R. Shah
Bench: M.R. Shah, Biren Vaishnav
C/CA/15042/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 15042 of 2017
In FIRST APPEAL NO. 3769 of 2017
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METAS OF SEVENTH-DAY ADVENTIST....Applicant(s)
Versus
WOCKHARDT HOSPITALS LIMITED....Respondent(s)
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Appearance:
MR KAMAL TRIVEDI, SENIOR ADVOCATE WITH MR UNMESH D SHUKLA,
ADVOCATE WITH MR TANVISH U BHATT, ADVOCATE FOR M/S
WADIAGHANDY & CO, ADVOCATE for the Applicant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 17/11/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH)
1. Present application is permitted to be circulated today pursuant to the permission granted by the Honourable The Chief Justice permitting to move the First Appeal and the Civil Application today. Present application has been preferred by the applicant herein - original respondent for an appropriate interim order to stay further execution, implementation and operation of the impugned order passed by the learned Judge, Commercial Court, Vadodara dated 17.11.2017 passed below Application under Section 9 of the Arbitration Act.
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2. Shri Kamal Trivedi, learned Senior Advocate appearing on behalf of the applicant has vehemently submitted that by the impugned order, the learned Judge, Commercial Court has granted the mandatory order and has directed the parties to maintain status-quo ante which was prevailing prior to the termination of the management agreement between the parties. It is submitted that as such the learned Judge in fact passed the earlier interim order dated 02.11.2017 which was in operation till the impugned order and in fact the same was to take care of the situation and to avoid any hardship to the cardiac patients. It is submitted that by the impugned order despite the specific conditions in the management agreement between the parties, now the original applicant may even admit other non cardiac patients which will be contrary to the terms and conditions of the agreement which has been cancelled. It is further submitted that as such as on today there are no cardiac patients in the cardiac ward run by the original applicant, as after 02.11.2017 till today all those patients are discharged. It is submitted that a request was made to suspend the impugned order so as to enable the applicant herein to approach this Court. However, the same has been refused/rejected. It is submitted that if the impugned order would have been stayed for a reasonable time so as to enable the applicant herein to approach the higher forum, it would have been in the fitness of things, more particularly, when after 02.11.2017 the interim order vide order dated 02.11.2017 as such worked and as stated hereinabove as all cardiac patients which were earlier admitted are discharged, the learned Judge ought to have even stayed the further execution and implementation of the impugned order for couple of days so as to enable the Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Nov 17 23:06:26 IST 2017 C/CA/15042/2017 ORDER applicant herein to approach higher forum. It is submitted that even otherwise in the facts and circumstances of the case such a mandatory order is not warranted. It is further submitted that even the impugned order passed by the learned Judge, Commercial Court granting the relief in an application under Section 9 of the Arbitration Act till the applicant approaches the Arbitral Tribunal is unknown to Section 9 of the Arbitration Act.
3. Having heard Shri Trivedi, learned Counsel appearing on behalf of the applicant and considering the aforestated facts and circumstances, Notice returnable on 28.11.2017. By way of ad-interim relief there shall be stay of further execution, implementation and operation of the impugned order dated 17.11.2017. However, it is clarified that the earlier interim order dated 02.11.2017 is not disturbed/stayed at this stage. Direct service is permitted today. Learned Counsel appearing on behalf of the applicant is permitted to serve the present order by telephonic message as well as by email.
(M.R. SHAH, J.) (BIREN VAISHNAV, J.) Bimal Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Nov 17 23:06:26 IST 2017