Evonik India Pvt. Ltd vs Reliable Spaces Pvt. Ltd on 12 February, 2020

[Cites 2, Cited by 1]

Bombay High Court

Evonik India Pvt. Ltd vs Reliable Spaces Pvt. Ltd on 12 February, 2020

Bench: G.S. Patel

                                                        902-CARBPL207-20.DOC




 Shephali


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION
                     IN ITS COMMERCIAL DIVISION
      COMM ARBITRATION PETITION (L) NO. 207 OF 2020


 Evonik India Pvt Ltd                                               ...Petitioner
       Versus
 Reliable Spaces Pvt Ltd                                          ...Respondent


Mr Shyam Kapadia, i/b Negandhi Shah & Himayatullah, for the
     Petitioner.
Ms Gulnar Mistry, with Mr Dhirendra Sinha, for the Respondent.


                                CORAM:           G.S. PATEL, J.

                                DATED:           12th February 2020
 PC:-

1. The Petition is under Section 9 of the Arbitration and Conciliation Act 1996 for protective reliefs after the Petitioner obtained an Award dated 8th May 2019.

2. The Respondent has fled Arbitration Petition (L) No. 875 of 2019 under Section 34 assailing that Award.

3. Obviously, if the Section 34 Petition succeeds, this Petition under Section 9 will not survive. If the Section 34 Petition fails, on the other hand, while the Award then becomes enforceable as a Page 1 of 3 12th February 2020 ::: Uploaded on - 13/02/2020 ::: Downloaded on - 09/06/2020 00:35:20 ::: 902-CARBPL207-20.DOC decree of the Court, some protective orders under Section 9 may be necessary pending execution.

4. I propose to hear both the Section 34 Petition and the Section 9 Petition together. I will of course hear the Section 34 Petition frst. However, in the meantime, having taken instructions, Ms Mistry for the Respondents makes a statement in regard to the leased premises in question and which were the subject matter of the arbitration dispute, viz., Units Nos. 801, 802 and 702 of about 40,637 sq ft built-up area on 8th foor and part of the 7th foor of a building known as Liberty Tower, at K-10, Kalwa Industrial Estate, Airoli, Navi Mumbai. Units Nos. 801 and 802 are leased to Aptus Health Care Pvt Ltd and Unit No. 702 is leased to Atos Pvt Ltd. Both leases run until October 2020. She makes a statement that until the Section 34 Petition is disposed of (and I am fxing a schedule for this), the Respondent will not create any further interest in respect of these premises and that includes not renewing the lease to Aptus Health Care Pvt Ltd or Atos Pvt Ltd or creating any Leave and License in respect of these premises.

5. I propose to take the Section 34 Petition and the Section 9 Petition together on 13th March 2020 at 3.00 pm.

6. It may be necessary to clarify that should the sitting assignment change before then, this order of injunction will continue only until that date.

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7. The Section 34 Petition is to be fled and served by Monday, 17th February 2020 and all objections are to be removed before the next date of hearing.

(G. S. PATEL, J) Page 3 of 3 12th February 2020 ::: Uploaded on - 13/02/2020 ::: Downloaded on - 09/06/2020 00:35:20 :::

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