Bombay High Court
M/S. Anand Rathi Share And Stock Brokers ... vs Anish Navnitlla Mehta Huf Amravati on 23 January, 2023
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
1 3.WP.161-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 161 OF 2023
( M/s. Anand Rathi Share & Stock Brokers Ltd.
Vs.
Anish Navnitlal Mehta HUF, Amravati )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. Simit Purohit, Advocate a/w Mr. Kartik G. Patel, Advocate for the
Petitioner.
CORAM: AVINASH G. GHAROTE, J.
DATED : 23rd JANUARY, 2023 Heard Mr. Purohit, learned counsel for the petitioner.
2. Insofar as the order passed by the learned District Judge-1 Amravati dated 14.09.2022 below Exh. 5 in exercise of the powers under Section 36(2) and (3) of the Arbitration and Conciliation Act, it is contended, that it was not permissible to the authority to go into the merits and demerits of the award passed by the Tribunal as well as the Appellate Tribunal, even for the purpose of considering whether the powers under Section 36 (2) of the Arbitration and Conciliation Act, for granting stay ought to be exercised. Even otherwise, it is submitted, that since the award dated 12.02.2022, was an award in the sum of Rs. 11,02,11,532.35/- alongwith interest 9% per annum, the powers could not have been exercised 2 3.WP.161-2023.odt without securing the aforesaid sum, as the learned District Judge-1, Amravati is bound by the parameters under Section 34 of the Arbitration and Conciliation Act. It is also contended, that the learned Court below did not have jurisdiction, considering the allegation made against the NCDEX, in view of the bye-laws, which require the jurisdiction to be at Bombay, the order below Exh. 14 dated 14.09.2022 (page 768), is also questioned on this ground as it rejects the preliminary objection as to the jurisdiction.
3. Issue notice to the respondent for final disposal of the matter, returnable on 06.02.2023.
4. The petitioner shall serve the respondent by all modes permissible in law including E-mail and Whats App.
5. Hamdast is granted.
JUDGE SD. Bhimte Signed By:SHRIKANT DAMODHAR BHIMTE Signing Date:23.01.2023 17:56