Bombay High Court
Tasgaonkar Industries Pvt Ltd vs Pandurang Kondiram Solanke And Anr on 9 October, 2018
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
kpd 1 / 3 918-ARBP-879-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO. 879 OF 2018
Tasgaonkar Industries Pvt. Ltd. ... Petitioner
Versus
Pandurang Kondiram Solanke and another ... Respondents
Mr. Induprakash Tripathi instructed by Mr. Chandraprakash Tripathi for the
Petitioner.
None for the Respondents.
CORAM : S.J. KATHAWALLA, J.
DATED : 9th OCTOBER, 2018 P.C.:
1. On 1st October, 2018, this Court passed the following order :-
"1. On 14th September, 2018 this Court passed the following order :
"1. On 7th September, 2018 this Court passed the following order :
1. A copy of the above Petition along with Notice have been forwarded to the Respondents on 31st August, 2018 by Registered Post A.D. However, today, none appear for the Respondents. In view thereof, stand over to 14th September, 2018.
2. In the meantime, the parties shall maintain status quo in respect of the subject property as of today.
2. However, today the Respondents have failed to remain present. Respondents are therefore, directed to remain present before this Court on 28 th September, 2018, failing which the Court shall pass necessary orders to ensure their presence in Court. In the meantime, the order of status quo shall continue to be in force."
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2. Since there was delay in uploading the order dated 14 th September, 2018, the same was not served on the Respondents. However, the Respondents were informed by the Advocate for the Petitioner by his letter dated 21 st September, 2018 that they have been directed by the Court to remain present on 28 th September, 2018. The Respondents have refused to accept the service and have not remained present before the Court. The matter did not appear on board on 28th September, 2018. In view thereof, the matter was directed to be placed today. Today again, the Respondents have not appeared before the Court.
3. I have perused the contents of the Petition, which are not controverted by the Respondent No.1 despite being given opportunities to appear before the Court. Instead, they are refusing to accept service. In view thereof, though I am giving one more opportunity to the Respondents to appear before this Court on 9 th October, 2018, in the meantime, the Respondent No.1 is restrained from representing as Chief Promoter of Respondent No.2 and is further restrained from obstructing the Petitioner and its directors, officers, managers, employees, representatives, workmen, in managing the affairs of Respondent No.2.
4. A copy of this order shall be forthwith forwarded to the Respondents by the Court Office by Speed Post A.D. and also by the Advocate for the Petitioner.
5. Stand over to 9th October, 2018."
2. Though the Court Office has not received the acknowledgement till date from the Respondents qua service of the copy of the said order by Speed Post / Registered Post A.D., a copy served by the Advocate for the Petitioner has reached the Respondent No.1 who has refused service as is clear from the Postal Track Consignment available on the website of the Postal Authorities. In view thereof, earlier order passed by this Court dated 1st October, 2018 shall continue. Since the Respondent No.1 is continuously refusing to accept any proceedings, a copy of this ::: Uploaded on - 13/10/2018 ::: Downloaded on - 14/10/2018 00:08:00 ::: kpd 3 / 3 918-ARBP-879-2018.doc order as well as a copy of the order dated 1 st October, 2018 shall be produced before the Court of Civil Judge ( JD) at Dharur, District : Beed in R.C.S. No.35 of 2018, where the Respondent No.1 has filed a suit and the application filed under Section 8 by the Petitioner is pending. A copy of this order as well as a copy of the order dated 1 st October, 2018 shall also be served on the Advocate for Respondent No.1 who is representing the Respondent No.1 before the Court of Civil Judge ( JD) at Dharur, District : Beed in R.C.S. No.35 of 2018.
3. Stand over to 23rd October, 2018.
( S.J.KATHAWALLA, J. ) ::: Uploaded on - 13/10/2018 ::: Downloaded on - 14/10/2018 00:08:00 :::