Gurmeet Singh S/O. Raghunandan Singh ... vs Essel Finance Business Loans Ltd. And 3 ... on 9 December, 2020

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Bombay High Court

Gurmeet Singh S/O. Raghunandan Singh ... vs Essel Finance Business Loans Ltd. And 3 ... on 9 December, 2020

Bench: G.S. Patel

                                                      11-IAL-2994-2020 IN CARBPL-438-2018.DOC




                   Shephali



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                     IN ITS COMMERCIAL DIVISION
                              INTERIM APPLICATION (L) NO. 2994 OF 2020
                                                       IN
                        COMM ARBITRATION PETITION (L) NO. 438 OF 2018



                    Gurmeet Singh S/o Shri Raghunandan Singh                    ...Petitioner
                    Grewal
                          Versus
                    Essel Finance Business Loans Ltd & Ors                   ...Respondents

Mr Anil R Mishra, for the Petitioner. Mr Vishal Kanade, with Mr Nishant Rana and Ms Chinmayee Ghag, i/b Zastriya Attorneys & Legal Consultants, for Respondent No.4.

                                             CORAM:         G.S. PATEL, J
                                                            (Through Video Conference)
                                             DATED:         9th December 2020
                    PC:-

1. Heard through video conferencing. Shephali Mormare Digitally signed

2. The Interim Application can be disposed of with a short by Shephali Mormare Date: 2020.12.10 11:54:39 +0530 order.

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9th December 2020 11-IAL-2994-2020 IN CARBPL-438-2018.DOC

3. Mr Mishra for the Applicant Petitioner states that he is not pressing prayer clause (b) before this Court. All rights and contentions on both sides before the competent Court are kept open.

4. As regards prayer clause (a), it is not necessary to continue the previous ad-interim order in view of the statement that Mr Kanade for the Respondent makes, viz., that the Respondents are not pursuing their execution or enforcement application in terms of the impugned award before the Delhi High Court or in any other civil court, but are only, however, pressing and continuing their application before the competent Court under the SARFAESI Act. The statement is noted and accepted. In view of this, a continuance of the previous ad interim order is unnecessary and infructuous. It stands formally vacated.

5. The Interim Application is disposed of in these terms. There will be no order as to costs.

6. List the Section 34 Petition for hearing on 22nd January 2021.

7. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J) Page 2 of 2 9th December 2020

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