Dismissed

Sri Bal Manohar Jalan v. Smt. Indumati R v Singh and Ors.

Patna HC5 Jul 2013MA/181/2011

Case brief

AI extract

What is this about?

The High Court of Patna allowed the withdrawal of the miscellaneous appeal filed by the appellant against an order recalling a status quo. The appeal was dismissed as withdrawn on the appellant's undertaking not to delay arbitration proceedings. Interlocutory applications were disposed of accordingly without merit discussion.

What did the court decide?

The appeal is dismissed as withdrawn. The prayer for withdrawal is allowed subject to undertaking not to delay arbitration proceedings.

Sri Bal Manohar Jalan Vs Smt. Indumati R v Singh and Ors. — Arbitration | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.181 of 2011

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====================================================== Sri Bal Manohar Jalan son of Late Hira Lal Jalan, resident of Hira Place, Dak Bunglow Road, P.O, G.P.O P.S. Kotwali town and District of Patna .... .... Appellant/s Versus 1. Smt. Indumati R V Singh wife of Late Captian Ran Vijay Singh, resident of Dumraon, P.S. Dumraon, in the District of Buxar, at present resident at 30, Mohin Road, Dhradun, P.S. Dehradun, District Dehradun in the State of Utrakhand. 2. Sri Karan Vijay Singh, son of Late Captain Ran Vijay Singh. 3. Urvashi Kumari, daughter of Late Captain Ran Vijay Singh, both residing at 30, Mohini Road, Dehradun, P.S.Dehradun, District Dehradun in the State of Uttrakhand. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Mrigank Mauli, Adv. Mr. Ajay Kumar, Adv. For the Respondent/s : Mr. Vishal Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER

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16 05-07-2013 M.A. No. 181 of 2011 With I.A. No. 1218 of 2011 With I.A.No.2014 of 2011 With I.A. No. 3270 of 2013 with I.A. No. 3950 of 2013 .

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Whereas the appeal is directed against the order recalling the

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order maintaining status quo, I.A. No. 1218 of 2011 and I.A. No. 2014 of 2011 have been filed by the appellant seeking ad interim stay of the arbitration proceedings. I.A. No. 3270 of 2013 has been filed by the respondents for vacating the stay and I.A. No. 3950 of 2013 has been filed by them for initiation of proceedings under Section 340 of the Code of Criminal Procedure inter alia on grounds that the interim order

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Patna High Court MA No.181 of 2011 (16) dt.05-07-2013

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2 / 2

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has been obtained by the appellants by suppressing material fact.

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Mr. Mrigank Mauli learned counsel has appeared for the appellant while the respondents are represented by Mr. Vishal Singh, Advocate.

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When the matter is being taken up for consideration today Mr. Mrigank Mauli, learned counsel appearing for the appellant seeks permission to withdraw this appeal.

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Mr. Singh appearing for the respondents not objecting to the prayer made merely, submits that the matter having lingered by reason of the conduct of the appellants themselves, the prayer may be allowed subject to the undertaking given by the appellants of not delaying the arbitration proceedings. He submits that the respondents would cooperate for early disposal of the arbitration proceedings.

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Mr. Mauli appearing for the appellants does not object to the submission made by Mr. Singh and submits that the appellants would be full co-operative in the proceedings.

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In view of the submissions made by the parties, the prayer made by the appellant is allowed.

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This appeal is dismissed as withdrawn with a request to the Hon’ble Arbitrator for disposal of the arbitration proceedings at his convenience.

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The interlocutory applications are accordingly disposed of.

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(Jyoti Saran, J)

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Bibhash/-

Sri Bal Manohar Jalan v. Smt. Indumati R v Singh and Ors.

Case brief

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Sri Bal Manohar Jalan v. Smt. Indumati R v Singh and Ors.

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