The Court extended an interim order restraining respondents from creating third-party interest for two weeks, noting the direction had operated since May 2014. It clarified that no further extension would be granted.
Interim order restraining respondents from creating third-party interest extended for a period of two weeks.
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.
2_ARBP826_14.doc
Kavis Fashions Private Limited … Petitioner Vs. Dimple Enterprises and others … Respondents
Mr. Shyam Mehta, Senior Advocate a/w. Mr. Bhavik Manek and Mr. Shehzad A. K. Najam-es-sani i/b. Maneksha & Sethna for Petitioner.
Mr. S. U. Kamdar, Senior Advocate a/w. Mr. Indranil Deshmukh, Mr. Vineet Unnikrishnan, Ms. Samhita Mehra, Ms. Vaidehi Chande i/b. Cyril Amarchand Mangaldas for Respondents.
CORAM : MANISH PITALE, J. DATE : JUNE 05, 2023
P.C. :
By a separate order passed today, this Court has dismissed the petition. The learned senior counsel appearing for the petitioner has invited attention of this Court to the fact that in the present case, interim order was granted during the pendency of the arbitration proceedings, way back in the year 2008 and subsequently, during the course of the proceedings, when the matter had reached the Supreme Court, on 09.05.2014, while requesting this Court to expedite hearing of the petition, the Supreme Court had directed that the respondents shall not create third party interest till the decision of this Court.
Digitally signed MINAL by MINALSANDIP SANDIP PARABDate: PARAB 2023.06.0518:15:40 +0530
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2_ARBP826_14.doc
a period of two weeks. Accordingly, the said order directing the respondents not to create any third party interest is extended only for a period of two weeks from today.
(MANISH PITALE, J.)
Minal Parab
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2 issues framed by the court
Whether the interim direction restraining respondents from creating third-party interest should be extended.
Whether any period should be fixed for the extension of the interim order.
Kavis Fashions Private Limited
Dimple Enterprises
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
