Bombay High Court
Gmr Energy Limited vs India Infrastructure Fund And Anr on 22 February, 2021
Author: V. G.Bisht
Bench: R. D. Dhanuka, V. G.Bisht
KVM
1/4
19 -COMAPL 4697 OF 2021.doc
Digitally signed IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Kanchan by Kanchan V.
Mayekar
V.
Mayekar
Date:
2021.02.23
18:22:10 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION APPEAL (L) NO. 4697 OF 2021
IN
COMM. ARBITRATION PETITION (L) NO. 1869 OF 2021
ALONGWITH
INTERIM APPLICATION (L) NO. 4703 OF 2021
IN
COMM. ARBITRATION PETITION (L) NO. 4697 OF 2021
GMR Energy Ltd. ..... Applicant
Versus
India Infrastructure Fund & Ors. ..... Respondents
Mr. Aspi Chinoy, Senior Advocate, a/w. Ms.Fereshte D.Sethna, i/b.
M/s.DMD Advocates for the Appellant.
Mr.Virag Tulzapurkar, Senior Advocate, a/w. Ms.Bindi Dave,
Mr.Raghav Gupta, Ms.Ankita Sangwan, i/b. M/s.Wadia Ghandy & Co.
for the Respondent Nos. 1 and 2.
Mr.Shreyash Taparia, i/b. M/s.DMD Advocates for the Respondent
No.3.
Mr.Abhishek Tilak, i/b. M/s.DMD Advocates for the Respondent Nos.
4 to 6.
Ms.Aboli Mandlik, i/b. M/s.DMD Advocates for the Respondent No.7.
CORAM: R. D. DHANUKA AND
V. G.BISHT, JJ.
DATE : 22nd FEBRUARY, 2021 KVM 2/4 19 -COMAPL 4697 OF 2021.doc P.C. :-
By this appeal filed under section 37 of the Arbitration and Conciliation Act, 1996 the appellant has impugned the ad-interim order dated 2nd February, 2021 passed by the learned Single Judge under section 9 of the Arbitration and Conciliation Act, 1996 thereby granting ad-interim injunction in terms of prayer clause (b) (except the bracketed portion) and directing the appellant to disclose the assets in terms of prayer clause (c).
2. The learned Single Judge has already directed the matter to be heard for further reliefs on 3rd March, 2021.
3. Mr.Chinoy, learned senior counsel for the appellant states that the affidavit in reply in the said Commercial Arbitration Petition (L) No.1869 of 2021 shall be filed by his client by tomorrow and shall serve a copy thereof upon the original petitioner's advocate simultaneously. Statement is accepted.
4. Since the learned Single Judge has already directed the matter to be placed on board for further reliefs on 3 rd March, 2021, we do not propose to interfere with the said order.
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5. The original petitioner shall file affidavit in rejoinder within one week from the date of service of the affidavit in reply and shall serve a copy thereof upon the respondent's advocate simultaneously. It is made clear that no further extension of time would be granted to file affidavits as directed aforesaid.
6. The learned Single Judge shall hear both the parties on 3 rd March, 2021 and shall dispose off the petition finally.
7. Insofar as the ad-interim order passed by the learned Single Judge directing the appellant to disclose its assets is concerned, Mr.Chinoy, learned senior counsel for the appellant states that such affidavit of disclosure shall be tendered in a sealed cover before the learned Single Judge on the next date. Statement is accepted.
8. The learned Single Judge shall decide whether such disclosure statement shall be considered or not while deciding the arbitration petition under section 9 finally.
9. Ad-interim order passed by the learned Single Judge to this extent is modified.
10. Commercial Arbitration Appeal (L) No. 4697 of 2021 is disposed KVM 4/4 19 -COMAPL 4697 OF 2021.doc of in the aforesaid terms. No order as to costs.
11. In view of the disposal of the Commercial Arbitration Appeal (L) No. 4697 of 2021, Interim Application (L) No.4703 of 2021 does not survive and is accordingly disposed of.
[V.G.BISHT, J.] [R. D. DHANUKA, J.]