Dismissed

Kavis Fashions Pvt. Ltd. v. M/S. Dimple Enterprises and 3 Others

Bombay HC10 Apr 2014APP/234/2014

Case brief

AI extract

What is this about?

The Supreme Court dismissed an appeal challenging a Single Judge order declining to entertain a petition for an interim injunction under Section 9 of the Arbitration and Conciliation Act. The court relied on the precedent that such petitions are not maintainable when the underlying claim has been rejected by the arbitral tribunal.

What did the court decide?

The appeal was dismissed with no orders recorded as to costs.

Kavis Fashions Pvt. Ltd. Vs M/S. Dimple Enterprises and 3 Others — Arbitration | Bombay HC (2014)

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1 of 2 WPP(L).207.2014

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

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APPEAL (L) NO.207 OF 2014 IN

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ARBITRATION PETITION (L) NO.558 OF 2014

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Kavis Fashions Pvt.Ltd. Appellant versus M/s.Dimple Enterprises and others Respondents

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Mr.Janak Dwarkadas, Sr.Advocate with Mr.Shyam Mehta, Sr.Advocate with Mr.S.A.K. Najam-es-Sani i/by Maneksha and Sethna for Appellant.

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Mr.Pravin Samdani, Sr.Advocate with Mr.Cyrus Ardeshir, Rahul Dwarkadas and Ms.Prachi Dhanani i/by Wadia Ghandy & Co. for Respondents.

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CORAM : MOHIT S. SHAH, C.J. AND M.S.SANKLECHA, J.

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PC :

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This appeal is directed against an order dated 26 March 2014 passed by a learned Single Judge in Arbitration Petition (L) No.558 of 2014 declining to entertain a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (`the Act'). The Appellant by its above petition sought continuation of the injunction order passed by the Arbitral Tribunal on an application which was made under Section 17 of the Act. The learned Single Judge held that since the Appellant's claim has been rejected by the arbitrator, the petition under Section 9 of the Act is not maintainable. The learned Single

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2 of 2 WPP(L).207.2014

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Judge relied upon a decision of of a Division Bench of this court in Dirk India Private Limited Vs Maharashtra State Electricity Generation Company Limited (Appeal No.114 of 2013 in Arbitration Petition No.355 of 2011 decided on 18 and 19 March 2013).

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We agree with the reasoning and conclusion of the learned Single Judge that question raised in this appeal is squarely covered by the decision of this Court in Dirk India Private Limited (supra).

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Learned counsel for the Appellant sought to pursuade us to refer the matter to a larger bench.

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Having heard learned counsel for the Appellant, we do not find that the decision of Division Bench in Dirk India Private Limited (supra) requires any reconsideration. The appeal is dismissed.

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(CHIEF JUSTICE)

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(M.S.SANKLECHA, J.)

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MST

Kavis Fashions Pvt. Ltd. v. M/S. Dimple Enterprises and 3 Others

Case brief

What is this about?

What did the court decide?

Kavis Fashions Pvt. Ltd. v. M/S. Dimple Enterprises and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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