Dismissed

Padma N. Jiwani and Anr. v. Mohammed F. Khatri

Bombay HC28 Aug 2009ARBP/138/2009

Case brief

AI extract

What is this about?

The High Court disposed of an arbitration petition filed under Section 9 of the Arbitration Act. Due to the absence of basic facts for interim protection, the court refused to grant ad-interim relief but allowed liberty to approach the Tribunal with details. A related Chamber Summons was dismissed.

What did the court decide?

No ad-interim relief granted; liberty to apply to Tribunal with details; Chamber Summons dismissed.

Padma N. Jiwani and Anr. Vs Mohammed F. Khatri — Arbitration | Bombay HC (2009)

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

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CHAMBER SUMMONS NO.1007 OF 2009

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IN

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ARBITRAITON PETITION NO.138 OF 2009

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Padma N. Jiwani & Anr.,.. Petitioners
V/s.

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Mohammed F. Khatri.. Respondents.

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Mr. N.K.Mudnaney, for th Petitioners.

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Mr. Nitin Thakkar i/b. Ashok Purohit & Co.,
for the Respondent in Arb. Petition.

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Mr. Mehul Shah i/b. A.G.Shah, for Respondent in
Chamber Summons.

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CORAM: ANOOP V. MOHTA, J.

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DATED: 28th AUGUST, 2009.

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P.C.

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1.The Petition is filed under section 9 of
Arbitration & Conciliation Act, 1908 and on the basis of
MOU of the 1988.

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2.The awarments made in the Petition that the
Respondents is likely to transfer or create a third party
rights of interest, without giving the details and
particulars about the same.

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srj/-

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3.The Petitioner further relied upon Affidavit

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filed by the Respondent stating that the third party
rights have already created long back. The right of

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Petitioner based upon the MOU is also disputed by the
Respondent. The Petitioner, therefore, free to submit all
these submissions before the Arbitration pursuance to the
MOU in question.

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4.As basics as contemplated for interim protection
and/or direction in the present Petitions are absent, I am
not inclined to grant any ad-interim relief. However,
liberty is granted to the Petitioner to take out
appropriate application with details before the Tribunal.

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5.Arbitration Petition is disposed of.

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6.Chamber Summons No.1007 of 2009 - in view of

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the above, Chamber Summons is dismissed as also disposed
of.

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(ANOOP V. MOHTA,J.)

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srj/-

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srj/-

Padma N. Jiwani and Anr. v. Mohammed F. Khatri

Case brief

What is this about?

What did the court decide?

Padma N. Jiwani and Anr. v. Mohammed F. Khatri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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