Anoop V. Mohta, J. disposed of an arbitration petition by continuing interim relief granted earlier, relying on consistent default by respondents and pendency of arbitration proceedings, without considering costs.
Interim relief order continued till final decision of arbitration or enforcement of award under Section 36.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
arbpl1745.09.sxw
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION (LODGING) NO. 1745 OF 2009
Kotak Mahindra Bank Limited ....Petitioner. Vs.
Yakub Hassan Shaikh and others
...Respondents.
Mr. Rahul Mehta i/by Ms. Disha Karambar for the Petitioner. None for the Respondents.
CORAM : ANOOP V. MOHTA, J.
P.C.:
The Petitioner has filed an affidavit of service. None appeared for the Respondents though served even after admission of the Writ Petition. This Court on 17th December, 2009, considering the averments made, admitted the Writ Petition and granted interim relief in terms of prayer clause (c) to the extent of item No.1 of immovable property of Respondent No.1 only. The consistent default, as alleged, has remained uncontroverted, and as the Respondents are not appearing till this date, and as the Arbitration Proceedings are pending before the Arbitrator, in my view, the case is made out under Section 9 of the Arbitration and Conciliation Act, 1996. The interim
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order already granted on 17th December, 2009 shall continue till the final decision of the Arbitration Proceedings which are pending before the Arbitrator, to avoid further complications, and until the enforcement of the award under Section 36 of the Act.
(ANOOP V. MOHTA, J.)
1 issue framed by the court
Whether the case made out under Section 9 of the Arbitration and Conciliation Act, 1996 warrants continuation of interim relief.
2 provisions across 1 enactments
Kotak Mahindra Bank Limited
Yakub Hassan Shaikh
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
