Actis Consumer Grooming Products ... vs Rakesh Malhotra And 9 Ors on 28 October, 2021

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Bombay High Court

Actis Consumer Grooming Products ... vs Rakesh Malhotra And 9 Ors on 28 October, 2021

Bench: A. K. Menon

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              [ COMMERCIAL DIVISION ]

             INTERIM APPLICATION (LODGING) NO.19689 OF 2021
                                              IN
        COMMERCIAL ARBITRATION PETITION (LODGING) NO.306 OF 2020

Actis Consumer Grooming Products Ltd.                      .. Applicant-Petitioner
             Vs.
Rakesh Malhotra and Ors.                                   .. Respondents
                             ALONG WITH
        COMMERCIAL APPLICATION (LODGING) NO.25175 OF 2021
                                   IN
          INTERIM APPLICATION (LODGING) NO.19689 OF 2021
                                   IN
    COMMERCIAL ARBITRATION PETITION (LODGING) NO.306 OF 2020
Tigaksha Metallics Pvt. Ltd.                      .. Applicant
  In the matter between
Actis Consumer Grooming Products Ltd.             .. Petitioner
          Vs.
Rakesh Malhotra and Ors.                          .. Respondents


Mr. Ashish Kamat, with Mr. Rajendra Barot, Ms. Anusha Jacob and Ms. Trisha
Sarkar, i/by AZB & Partners, for the Applicant-Petitioner.
Mr. Tushad Cooper, Sr. Advocate, with Mr. Vipul Dharmani, Mr. Mohit J. and
Mr. Sagar Wagle, i/by Ms. Riddhi A. Pandit, for Respondent Nos.4 to 7.
Mrs. Kanchan Rane, 1st Assistant to Court Receiver, with Mr. V.S. Panandikar,
ASO, is present.

                                                CORAM : A. K. MENON, J.

                                                DATE    : 28TH OCTOBER, 2021.
P.C. :

1. Called for speaking to the minutes of the order dated 20 th October 2021.

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(i). In paragraph 5, on page no.5, the sentence "Mr. Kamat restricts his relief in terms of prayer clause (c) to the plant at Shoghi." shall be deleted.

(ii) In the last two lines on page 6 and the last line on page 7 of paragraph 6, reference to "respondent no.10" shall be corrected to read as "respondent no.4".

(iii) In the 3rd and 7th line in paragraph 7, reference to "respondent no.10" shall be corrected to read as "respondent no.4".

(iv) The 4th last sentence in paragraph 10 viz. "However, even on 5th October 2021, no reply was forthcoming." shall be corrected to read as "However, on 5th October, 2021, the reply on behalf of respondent no.4 to the IA was tendered."

(v) The 2nd last sentence in paragraph 10 viz. "Once again, time to file reply was extended upto 8 th October 2021, at the request of respondent no.4; yet no affidavit-in-reply has been filed." shall stand deleted.

(vi) In the 3rd and 4th last line in paragraph 23 on page 26, the words "28th February 2020 to seek enforcement of the Partial Award dated 12th February 2020" shall be replaced with the words "29th February 2020 to seek interim measures for protection pending the determination of enforceability and enforcement."

(vii) In clause (ix) of paragraph 25, after the words "Section 9 petition", the words "and Commercial Arbitration Petition No.423 of 2021" shall be added.

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11-IAL-19689-2021 and COMAPL-25175-2021.doc Dixit

(viii) In paragraph 27, the word "IA" shall be replaced with the words "Commercial Arbitration Petition No.423 of 2021".

2. The order dated 20th October 2021 stands corrected accordingly.

Corrected order shall be uploaded.

3. Praecipes for speaking to the minutes are disposed in the above terms.

(A.K. MENON, J.) Digitally 3/3 signed by SNEHA ABHAY SNEHA ABHAY DIXIT 11-IAL-19689-2021 and COMAPL-25175-2021.doc Date:

DIXIT 2021.10.30 13:37:21 Dixit +0530

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