Disposed

Narayan Thakur v. Sitabai Sitaram Thakur (Since Deceased through Legal Heir) and Ors.

Bombay HC23 Sept 2014ARA/51/2013

Case brief

AI extract

What is this about?

This court directed that the Section 9 application be allowed to proceed before the District Judge for interim reliefs without considering the present arbitration, while an ad-interim order continues.

What did the court decide?

Direct that the application under Section 9 of the Arbitration Act be heard by the District Judge; the present appeal need not be considered.

Narayan Thakur Vs Sitabai Sitaram Thakur (Since Deceased through… — Arbitration | Bombay HC (2014)

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ara51-13.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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ARBITRATION APPEAL NO.51 OF 2013 WITH CIVIL APPLICATION NO.44 OF 2013 IN ARBITRATION APPEAL NO.51 OF 2013 WITH ARBITRATION APPEAL NO.52 OF 2013 WITH CIVIL APPLICATION NO.45 OF 2013 IN ARBITRATION APPEAL NO.52 OF 2013

Narayan Thakur

...Applicant

V/s.

Sitabai Sitaram Thakur (Since Deceased Through Legal Heir) And Ors.

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...Respondents

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Mr. Shriram S. Kulkarni a/w. Mr. Sachin Chavan, for the Applicant. Mr. Rafeeq Peermohideen, i/b. Jeetendra Sachdev, for the Respondents. Mr. Kamlesh Ghumre, a/w. Ms. Sonali Jadhav, for CIDCO.

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CORAM : S.C. GUPTE, J.

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SEPTEMBER 23, 2014

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P.C. :

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. The Applicant has come in appeal from an order passed on his application under Section 9 of the Arbitration and Conciliation Act, 1996. By the impugned order, the learned District Judge has issued a notice on the Applicant's application under Section 9. The Applicant is pressing for interim reliefs on his application under Section 9. Learned Counsel for the parties inform the Court that the application under Section 9 for

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sg` Pg 1 of 2

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ara51-13.doc

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consideration of interim reliefs is on board before the learned District Judge on 26 September 2014.

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In the premises, there is no need to consider the present Appeal, except to direct that the ad-interim order operating in the present appeal by and under an order passed by this Court on 24 October 2013 and as corrected from time to time, shall continue to operate till the learned District Judge hears and decides the application under Section 9.

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It is clarified that the learned District Judge shall decide the matter on its own merits in accordance with law, without being influenced in any way by the ad-interim order passed and continued by this Court as above. The learned District Judge shall dispose of the Section 9 application as expeditiously as possible and preferably within a period of six weeks from today.

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Parties to act on the authenticated copy of this order.

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( S.C.GUPTE, J. )

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sg` Pg 2 of 2

Narayan Thakur v. Sitabai Sitaram Thakur (Since Deceased through Legal Heir) and Ors.

Case brief

What is this about?

What did the court decide?

Narayan Thakur v. Sitabai Sitaram Thakur (Since Deceased through Legal Heir) and 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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