Allowed

Bharat K. Bussa and Rita B. Bussa v. Sanjana Cryogenic Storage Ltd. and 3 Ors.

Bombay HC4 Mar 2013ARBP/117/2013

Case brief

AI extract

What is this about?

The High Court converted an application filed under section 9 of the Arbitration and Conciliation Act, 1996 into one under section 17, as the arbitral tribunal was already constituted. The court directed the respondent to file a reply and reserved all merits for the arbitrator.

What did the court decide?

Application filed under section 9 of the Act converted to section 17; respondent directed to file affidavit in reply within six weeks; application disposed of.

Bharat K. Bussa and Rita B. Bussa Vs Sanjana Cryogenic Storage… — Arbitration | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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ARBITRATION PETITION NO. 117 OF 2013

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Bharat Kantilal Bussa and anr.

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… Petitioners

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Versus

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Sanjana Cryogenic Storage Ltd. & Ors. … Respondents

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Mr. S.C. Naidu along with Mr. Sourabh Kulkarni i/by M/s. C.R. Naidu & Co. for petitioner.

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Mr. N. Engineer along with Mr. A.Mithe i/by M/s. Desai & Diwanji for respondent nos. 1 to 4.

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CORAM : R.D. DHANUKA,J. DATED : MARCH 04, 2013

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P.C.

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By this application filed under section 9 of the Arbitration & Conciliation

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Act, 1996, the petitioner seeks interim measures against the respondents by way of directions to deposit the amounts in this court so as to secure the claim of the petitioner.

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Mr. Naidu, the learned counsel for the petitioner submits that the present application filed under section 9 be converted into an application under section 17 of the Arbitration & Conciliation Act, 1996.

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In view of the fact that the arbitral tribunal is already constituted by appointing arbitrator in Arbitration Application No. 156 of 2012, it would be appropriate if the present application filed under section 9 is converted into an

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application under section 17 of the Act.

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Arbitration Petition No. 117 of 2013 is converted as an application under section 17 of the Act. The petitioner agrees to pursue the said application before the arbitral tribunal. The respondent is directed to file affidavit in reply in the said application within six weeks from today. On completion of the pleadings the learned arbitrator is requested to dispose of the said application expeditiously. It is made clear that this court has not expressed any view on the merits of the application filed before this court and all contentions on the merits of the claims are kept open to be adjudicated before the learned arbitrator. Application is disposed of. There shall be no order as to costs.

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(R.D. DHANUKA,J.)

Bharat K. Bussa and Rita B. Bussa v. Sanjana Cryogenic Storage Ltd. and 3 Ors.

Case brief

What is this about?

What did the court decide?

Bharat K. Bussa and Rita B. Bussa v. Sanjana Cryogenic Storage Ltd. and 3 Ors.

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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