Disposed

Dinesh Champaklal Gaglani v. Kirit Champaklal Gaglani and 3 Ors.

Bombay HC29 Aug 2006S/1369/2006

Case brief

AI extract

What is this about?

Suit placed on board. Parties consented to resolve disputes by arbitration. Court passed ad-interim order restraining defendants from disposing of partnership assets and directed parties to seek interim orders under Arbitration Act.

What did the court decide?

Ad-interim order restraining defendants from disposing of partnership assets except in normal course of business for four weeks.

Dinesh Champaklal Gaglani Vs Kirit Champaklal Gaglani and 3 Ors. — Arbitration | Bombay HC (2006)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

¶2

SUIT NO.1369 OF 2006

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Dinesh C. Gaglani....Plaintiff
V/s.
Kirit C. Gaglani & Ors.....Defendants

¶4

Mr.Amit Jain i/b M/s.Kanga & Co. for the Plaintiff.
Mr.Y.N. Adhia for Defendant Nos.1 and 2.
Mr.Umesh Shetty for Defendant No.3.
Mr.Uday Bobde i/b Mr.M.P. Talavade for Defendant No.4.

¶5

CORAM : S.J. VAZIFDAR, J . DATED : 29TH AUGUST, 2006.

¶6

P.C. :

¶7

1.By consent the suit is placed on board and
called out for hearing.

¶8

2.The parties have agreed in writing by virtue
of the consent minutes to resolve all the disputes and
differences by arbitration.

¶9

3.Order in terms of the consent minutes signed
by the parties except Defendant No.2 and their
advocates. The advocates for Defendant Nos.1 and 2
has stated that they have authority to enter into
these consent minutes.

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4.There shall be an ad-interim order in terms

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of prayer (b) which reads as under :-

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"For a period of four weeks from today,
Defendant Nos.1 and 2 are restrained from
disposing of or transferring or creating any
third party rights in respect of the assets
and properties of the suit partnership firm,
otherwise than in normal course of business."

¶13

5.It is agreed that the parties shall apply for
ad-interim and interim orders under Section 17 of the
Arbitration and Conciliation Act, 1996.

¶14

6.It is clarified that the above ad-interim
order is also only to enable the Plaintiff time to
approach the learned Arbitrator for all ad-interim
orders including in respect of the aforesaid
ad-interim orders.

Dinesh Champaklal Gaglani v. Kirit Champaklal Gaglani and 3 Ors.

Case brief

What is this about?

What did the court decide?

Dinesh Champaklal Gaglani v. Kirit Champaklal Gaglani and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Coram

Case details

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