Dismissed

Halima Mohd. Siddique Farooqui and 2 Ors. v. Kadir Yakub Patrawala and 31 Ors.

Bombay HC1 Apr 2013NMS/590/2013

Case brief

AI extract

What is this about?

In a notice of motion, the court refused further injunction against proceeding with arbitration under a disputed partnership deed, noting no one can be generally restrained and directing breach proceedings if orders are violated. The notice of motion was disposed of without order.

What did the court decide?

No order made; notice of motion disposed of without order as to costs.

Halima Mohd. Siddique Farooqui and 2 Ors. Vs Kadir Yakub… — Property and Title | Bombay HC (2013)

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mnm

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

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NOTICE OF MOTION (L) NO. 628 OF 2013 IN

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SUIT NO. 2545 OF 2007

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Halima Mohd Siddique Farooqui & Ors. ...Plaintiffs Vs. Kadir Yakub Patrawala & Ors. ...Defendants And Ishrat Yakub Patrawala ...Applicant

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Mr. Vatsal Shah a/w. Mr. S. Parikh a/w. Ms. Punita Soni i/b. Bilawala & Comp., for Plaintiffs Mr. Kamal Bulchandani for Applicant Mr. Swapnil Bangoor i/b. Vinod Mistry & Co., for Defendant Nos. 8(ii) to (iv) Mr. Vasim A. Shaikh for Defendant Nos. 1,2,4 & 5

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CORAM : MRS. ROSHAN DALVI, J. DATED : 1ST APRIL, 2013

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P.C. :

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An order has been passed in this suit with regard to some of the disputed properties on 14^th December, 2010. The plaintiffs have applied for relief in respect of a property claimed to be a partnership property under the partnership deed dated 23^rd February, 2005. That document has been considered in the order dated 14^th December, 2010. An injunction has been granted upon the observations made in paragraph 14 of the order in respect of that property.

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It is contended on behalf of the plaintiffs that the defendants have proceed to arbitration under the arbitration clause for the said partnership deed which is in dispute. The plaintiffs have applied for injunction restraining the defendants from proceeding with the arbitration under the partnership deed.

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No party can be restrained from proceeding with any legal proceeding. However, if any acts are done which are directly against the order of injunction the defendants may be responsible to that extent to the Court.

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In view thereof the prayer for payment and granting further injunction does not arise.

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The plaintiffs may take out proceedings, if the defendants have breached any orders of injunction.

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Consequently there shall be no order in this notice of motion. No order as to costs. Notice of Motion is disposed of accordingly.

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(ROSHAN DALVI, J.)

Halima Mohd. Siddique Farooqui and 2 Ors. v. Kadir Yakub Patrawala and 31 Ors.

Case brief

What is this about?

What did the court decide?

Halima Mohd. Siddique Farooqui and 2 Ors. v. Kadir Yakub Patrawala and 31 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Halima Mohd. Siddique Farooqui and 2 Ors. Vs Kadir Yakub Patrawala and 31 Ors.