Disposed
Maruti Countrywide Auto Financial Services Ltd. v. Damodar Narayanswami Naidu
Bombay HCARBP/44/2007
Case brief
from the order text
What is this about?
COURT OF JUDICATURE AT BOMBAY ORDINARY…
What the court decided
AI extract
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.44 OF 2007
Maruti Countrywide Auto Financial
Services Limited
..Petitioner
V/s.
Damodar Narayanswami Naidu
..Respondent
Mr.Tushar Bhavsar i/b. Mohit Gadkari & Co.for the
petitioner
Mr.Suchitra Kamble a/w. Smt. S.R. Sawant for the
respondent
CORAM : S.C.DHARMADHIKARI, J.
DATE : 13TH JULY, 2007
P.C.
1.This Court on 10th April, 2007 after hearing
both sides had passed ad-interim order in terms of
prayer clause (b) of this Arbitration Petition.
2.Mr.Tushar Bhavsar seeks time to file re-
joinder affidavit. In my view, the matter has been
pending for considerable length of time and no
useful purpose will be served by granting any
adjournment. Adjournment is refused.
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3.Both sides do not dispute that the award is
made in favour of the petitioner and during the
course of enforcement and execution thereof and
with a view to protect rights of both sides and
more particularly that of the petitioner, in whose
favour the award has been made, a prayer is made to
grant interim orders including appointment of Court
Receiver.
4.At this stage, in my view, interest of both
sides would be protected if the ad-interim relief
granted by this Court on 10th April, 2007 is
continued till the enforcement and execution of the
subject Award. In fact, both sides do not dispute
that at this stage this order sufficiently protects
their respective rights.
5.Needless to state that the petitioner-
claimant would be at liberty to apply for further
reliefs and the present order would not in any
manner prejudice their rights and contentions in
that behalf. Reserving said liberty the present
petition is made absolute with no order as to
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costs.
(S.C.DHARMADHIKARI, J.)
2 issues framed by the court
Whether to grant an adjournment for filing a rejoinder affidavit.
Whether to continue the ad-interim order dated 10th April, 2007 till enforcement of the award.
Maruti Countrywide Auto Financial Services Limited
Damodar Narayanswami Naidu
S.C. Dharadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court