The High Court of Bombay (Original Side) dismissed a Notice of Motion seeking out-of-turn hearing on a Chapter 6 appeal. The Court held merits could not be decided, but directed listing the appeal in the expedited category.
Notice of Motion dismissed; Appeal listed for final hearing in expedited category.
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.
Megha 17_nma_2028_2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (APPEALS) NO.2028 OF 2016
IN
APPEAL NO.622 OF 2011
IN
ARBITRATION PETITION NO.281 OF 2008
Irfankhan Chotekhan ...Applicant In the matter between Irfankhan Chotekhan ...Applicant
Versus
Abdul Mannan Chotekhan & Ors. ...Respondents
...
Mr. S.B. Prabhavalkar with Mr. Nilesh S. Parte for the Applicant. Ms Achala Hatode i/b. M/s. S.K. Jain and Associates for Respondent No.1.
Mr. Manish Bohra i/b. M/s. Dahibawkar and Co. for Respondent Nos.2(d), (e) and (f).
Mr. A.H. Khatri i/b. Khatri Legal Venture for Respondent No.3.
CORAM : A.S. OKA & SMT. ANUJA PRABHUDESSAI, JJ. DATED : 29th NOVEMBER, 2016.
P. C. :
Heard the learned counsel appearing for the Applicant, who
is Appellant in the appeal. The appeal preferred by the Applicant has
been admitted by this Court. By the order impugned, a petition filed
by the second Respondent under section 34 of the Arbitration and
Megha
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Megha 17_nma_2028_2016.doc
Conciliation Act, 1996 has been disposed of by consent of the parties. Interim order dated 12th March, 2012 has been passed in the appeal.
the appeal shall be listed on appropriate cause list of final hearing of Original Side appeals of the category of “expedited appeals”. Appeal No.187 of 2012 shall be heard with Appeal No.622 of 2011.
(ANUJA PRABHUDESSAI, J.) (A.S. OKA, J.)
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3 issues framed by the court
Whether the prayers in the notice of motion under apartado appeal against an order on a petition under section 34 of the Arbitration and Conciliation Act, 1996 can be considered on merits.
Whether the notice of motion should be allowed given the scope of the appeal.
How to list the appeal for hearing.
1 provisions across 1 enactments
Irfankhan Chotekhan
Abdul Mannan Chotekhan
Respondent No. 2
Respondent No. 3
A.S. Ok
Anuja Prabhudessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
