Bombay High Court
M/S Macwber Beekay Pvt. Ltd., Through ... vs M/S Sunil Hitech Engineers Ltd., ... on 1 August, 2019
Author: Z.A. Haq
Bench: Z.A. Haq
1 wp5337.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.5337/2019
M/s Macwber Beekay Pvt. Ltd.
..Vs..
M/s Sunil Hitech Engineers Ltd.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri Amit Khare, Advocate for the petitioner.
Shri S.V. Bhutada, Advocate with Shri Yash Maheshwari, Advocate for the
respondent.
CORAM : Z.A. HAQ, J.
DATED : 1.8.2019.
Heard.
2] Petitioner has challenged the order passed by the Commercial Court holding that the application filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be entertained by the Court at Nagpur in view of Clause 16.2 of the contract between the parties. Shri S.V. Bhutada, Advocate has put in appearance on caveat on behalf of the respondent company. Advocate for the petitioner objects to the appearance of Shri S.V. Bhutada, Advocate for the respondent company on the ground that an order of liquidation in respect of the respondent company is passed by the National Company Law Tribunal on 25 th June, 2019 and Shri Anil Menezes is appointed as the Liquidator, and according to the information received by the petitioner, Shri S.V. Bhutada, Advocate is not authorized by Shri Anil Menezes but the caveat ::: Uploaded on - 02/08/2019 ::: Downloaded on - 03/08/2019 00:29:08 ::: 2 wp5337.19 application shows that he is authorized by Ms. Jyoti Kondagurley - an officer of the company. Shri S.V. Bhutada, Advocate claims that Ms. Jyoti Kondagurley is authorized by Shri Anil Menezes to represent the company.
3] Shri S.V. Bhutada, Advocate has raised an objection that as per Section 8 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short "the Act of 2015"), civil revision application or petition against an interlocutory order passed by Commercial Court cannot be entertained and, subject to the provisions of Section 13 of the Act of 2015, challenge to the interlocutory order can be raised only by way of appeal before the Commercial Appellate Court. Learned Advocate for the petitioner has referred to Section 33(5) of the Insolvency and Bankruptcy Code, 2016 to urge that grievance of the petitioner can be redressed by this Court in the extraordinary jurisdiction.
4] List the petition for further consideration / hearing on 6th August, 2019.
5] Interim order granted by learned District Judge on 18th July, 2019 shall continue until further orders.
JUDGE Tambaskar.
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