Dismissed

Niwas Spinning Mills Ltd. v. Sanjay M.Munot and Ors.

Bombay HC11 Jul 2007WP/320/2006

Case brief

AI extract

What is this about?

Petitioner challenged a stay order compelling arbitration in a civil suit. The Court was informed that the dispute parties furnished a current list of the Arbitration Committee members. The petition was dismissed to allow the petitioner to pursue remedies before the Committee.

What did the court decide?

Petitioner allowed to pursue remedy before the Arbitration Committee of Respondent No.4.

Niwas Spinning Mills Ltd. Vs Sanjay M.Munot and Ors. — Arbitration | Bombay HC (2007)

¶1

¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

¶3

 WRIT PETITION NO.320 OF 2006

¶4

 Niwas Spinning Mills Limited .. Petitioner.

¶5

 V/s.

¶6

 Sanjay M. Munot & Others .. Respondents.

¶7

 Mr.S.S. Kanetkar for the petitioner.

¶8

 Mr.Prabhakar Jadhav for respondent No.4.

¶9

CORAM : J.P. DEVADHAR, J.

¶10

DATED : 11TH JULY, 2007.
P.C. :

¶11

 1. This petition is filed to challenge the order
 dated 1st August, 2005 passed by the IVth Adhoc
 Additional District Judge, Solapur whereby Special
 Civil Suit No.125 of 1998 filed by the petitioner has
 been stayed and the parties have been directed to
 take steps to refer the dispute to the arbitration.

¶12

 2. The main grievance of the petitioner is that
 although there is an arbitration clause in the
 underwriting agreement dated 27th march, 1995 entered
 into by and between the Petitioner and the Respondent
 No.4 for referring the dispute to the Arbitration
 Committee appointed by the Regional Stock Exchange,
 the Regional Stock Exchange has informed that there
 is no such Committee existing.

¶13

¶14

 3. Today, Mr.Prabhakar Jadhav, learned counsel
 appearing on behalf of Respondent No.4, Pune Stock
 Exchange Limited has furnished a list consisting of
 members of the Arbitration Committee.

¶15

 4. In this view of the matter, it will be open
 to the petitioner to pursue the remedy before the
 Arbitration Committee of Respondent No.4.

¶16

 5. Accordingly, the petition is dismissed with
 no order as to costs.

¶17

 (J.P. DEVADHAR, J.)

Niwas Spinning Mills Ltd. v. Sanjay M.Munot and Ors.

Case brief

What is this about?

What did the court decide?

Niwas Spinning Mills Ltd. v. Sanjay M.Munot and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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