Rajasthan High Court - Jodhpur
Welspun Enterprises Limited vs Ravi Infrabuild Projects Pvt. Ltd on 24 February, 2023
Bench: Vijay Bishnoi, Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
D.B. Civil Misc. Appeal No. 488/2022
Welspun Enterprises Limited
----Appellant
Versus
Ravi Infrabuild Projects Pvt. Ltd
----Respondent
For Appellant(s) : Mr. M.S. Singhvi, Sr. Adv.
Ms. Mumtaz Bhalla
Mr. Karan Chopra (All through VC)
For Respondent No.1 : Mr. J.S. Rathore (through VC)
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 24/02/2023 Today, the matter is listed before this Special Bench as per the directions of Hon'ble the Acting Chief Justice.
Mr. M.S. Singhvi, learned Senior Advocate and Ms. Mumtaz Bhalla are appearing on behalf of appellant.
Mr. J.S. Rathore, General Manager, appearing on behalf of respondent No.1 - Ravi Infrabuild Projects Pvt. Ltd. prays for adjournment on the ground that the advocates at Jodhpur are abstaining from work on account of call by the Association.
It is very unfortunate that the Courts are functioning, but no advocate is appearing on behalf of the respondents on the ground that the advocates are abstaining from work. This Court is of the opinion that this can't be a ground for adjournment.
Mr. M.S. Singhvi, learned Senior Advocate has submitted that after appointment of the Arbitration Tribunal, the respondents have moved an application under Section 17 of the Arbitration and (Downloaded on 24/02/2023 at 11:42:34 PM) (2 of 2) [CMA-488/2022] Conciliation Act, 1996 (for short 'the Act of 1996') before it and are pressing for granting interim stay order, however, the Arbitration Tribunal, taking into consideration the fact that the present appeal is pending before this Court, has adjourned the matter for 6th March, 2023 while observing that the parties shall make every endeavor to conclude the hearing before this Court. Mr. Singhvi has further submitted that though every time adjournment is sought on behalf of the respondents before this Court, however, the respondents are claiming that the appellant is seeking adjournment.
We have already observed that the ground, on which the respondent No.1 is seeking adjournment, is not convincing, however, in the interest of justice, we deem it appropriate to list this matter on 3rd March, 2023.
It is expected from the respondents that they will not press their application under Section 17 of the Act of 1996 before the Arbitration Tribunal till pendency of this appeal.
List on 03.03.2023.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J
1-AjaySingh/-
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