Bombay High Court
Mr. Manoj Vijaykumar Agarwal And Ors vs Shri Nitin Satish Mittal And Ors on 22 December, 2018
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
1 918.aost.36122.2018==F.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER (ST.) NO. 36122 OF 2018
ALONG WITH
CIVIL APPLICATION (ST.) NO. 36124 OF 2018
Mr.Manoj Vijaykumar Agarwal & Ors. .. Appellants
Vs.
Shri Nitin Satish Mittal & Ors. .. Respondents
Mr.G.S.Godbole, Advocate a/w. Mr.Aditya Shirke, Advocate i/b Ms.Shruti
Tulpule, Advocate and Mr.Atharva Dandekar, Advocate for appellants.
Mr.Darshit Jain, Advocate i/b Mr.Hemal V. Ganatra, Advocate for
respondent No.1.
CORAM : A.S. CHANDURKAR, J.
DATE : 22ND DECEMBER 2018
P.C.
APPEAL FROM ORDER (ST.) NO. 36122 OF 2018
1 Issue notice, returnable on 7th January 2019.
The learned counsel waives notice for respondent No.1.
CIVIL APPLICATION (ST.) NO. 36124 OF 2018 2 Issue notice, returnable on 7th January 2019.
The learned counsel waives notice for respondent No.1. 3 Prima-facie, in the light of the decisions in M. Vijaya Narayanan & Anr. Vs. m. Prabhakaran & Ors.1, Gujarat Informatics Limited Vs. 2 Creative Infocity Limited and Narayan Prasad Jalan Vs. Chetan P.S. Chauhan & Anr. 3, the trial Court having held that in the light of the 1 AIR 2006 Ker 373 2 (2009) 4 Arb. LR 76 3 2005 (84) DRJ 331 Shraddha Talekar PS 1/2 ::: Uploaded on - 22/12/2018 ::: Downloaded on - 25/12/2018 23:39:25 ::: 2 918.aost.36122.2018==F.doc arbitration clause the disputes were liable to be referred to the Arbitrator, the Court, thereafter, became functus officio. Thus, further directions issued while passing the order below Exh.61 and extending the order of status- quo is prima-facie found to be in excess of its jurisdiction. Though the learned counsel for the respondent No.1 urged that the order below Exhibit 39 referring the dispute for arbitration was itself illegal and has been subjected to challenge, I am satisfied that a case for grant of ad-interim relief has been made out. It is noted that the decisions relied upon by the learned counsel for the appellants were sought to be distinguished by the learned counsel for the respondent No.1.
4 There shall be ad-interim relief in terms of prayer clause (a) of the application till the returnable date.
(A.S. CHANDURKAR, J.) Shraddha Talekar PS 2/2 ::: Uploaded on - 22/12/2018 ::: Downloaded on - 25/12/2018 23:39:25 :::