Dismissed

M/S Mahima Real Estates Pvt. Ltd. v. Rajan Sanghi S/O Late Shri Manik Lal Sanghi

Rajasthan HC18 Oct 2021CMA/2037/2020

Case brief

AI extract

What is this about?

In two appeals filed under Section 37 of the Arbitration Act, 1996 challenging orders under Section 17, the court permitted withdrawal of the appeals with liberty to approach the Appropriate Forum. The court dismissed the appeals accordingly.

What did the court decide?

Appeals dismissed as withdrawn with liberty to approach the appropriate forum and avail interim relief if permitted by law.

M/S Mahima Real Estates Pvt. Ltd. Vs Rajan Sanghi S/O Late… — Arbitration | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 2037/2020

¶3

M/s Mahima Real Estates Pvt. Ltd., Having Its Registered Office At F-1, Govind Marg, Raja Park, Jaipur- 302001 Through Director Mr. Dhirendra Madan Also At:- 4Th Floor, Crystal Palm, 22, Godown, Circle, Sardar Patel Marg, Jaipur- 302001, Rajasthan.

¶4

----Appellant

¶5

Versus

¶6

Rajan Sanghi S/o Late Shri Manik Lal Sanghi, aged 66 years, Resident Of ‘Shrey’ Mahaveer Nagar, Tonk Road, Durgapura, Jaipur.

¶7

Shri Krsna Urja Project Pvt. Ltd., (Formerly Known As Shri Krshna Urja Ltd.) Sanghi Building, Panch Batti, M.I. Road, Jaipur Through Its Director Mr. Rajan Sanghi.

¶8

Ajay Sanghi S/o Late Shri Manik Lal Sanghi, aged 62 years, Resident Of Plot No. 1 & 2, Paanch Batti, M.I. Road, Jaipur.

¶9

----Respondents

¶10

Connected With

¶11

S.B. Civil Miscellaneous Appeal No. 2036/2020

----Appellant

Versus

Ajay Sanghi S/o Late Shri Manik Lal Sanghi, aged 62 years, Resident Of Plot No. 1 & 2, Paanch Batti, M.I. Road, Jaipur.

¶16

Rajan Sanghi S/o Late Shri Manik Lal Sanghi, aged 66 years, Resident Of ‘Shrey’ Mahaveer Nagar, Tonk Road, Durgapura, Jaipur

¶17

----Respondents

¶18

For Appellant(s) : Ms. Sukriti Kasliwal, Adv. (through Video Conferencing)

(2 of 3)

[CMA-2037/2020]

For Respondent(s)

: Mr. Kamlakar Sharma, Senior Advocate with Ms. Alankrita Sharma, Adv., Mr. Madhusudhan Rajpurohit, Adv., Mr. Devi Dutt Sharma, Adv. Mr. Dileep Shivpuri, Adv.

¶23

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

¶24

Order

¶25

18/10/2021

¶26

Learned counsel appearing for the appellant fairly submits that appellant intends to challenge the order dated 22.06.2020 of the Arbitrator deciding the application filed under Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act of 1996’) by way of filing appeal under Section 37 of the Act of 1996.

¶27

Learned counsel for the appellant further submits that proper remedy will be availed by the appellant, however, the interim protection granted by this Court on 27.07.2020, may be continued at least for one week or till the application for interim relief is decided by the Appellate Forum as provided under Section 37 of the Act of 1996.

¶28

Learned Senior Counsel-Mr. Kamlakar Sharma appearing for the respondents submits that the respondents have no objection if the appellant intends to withdraw the present appeals, however, the interim protection may not be granted to the appellant as the present appeals filed under Section 37 of the Act of 1996, are not maintainable and in fact appellant at first instance itself should have filed the appeal before the Appropriate Forum.

¶29

Learned Senior Counsel for the respondents further submits that once this Court does not have jurisdiction to entertain the

¶30

(3 of 3)

¶31

[CMA-2037/2020]

¶32

present appeals, the continuation of interim order will not be within four corners of the law.

¶33

I have heard the submissions made by learned counsel for the parties.

¶34

This Court permits the learned counsel for the appellant to withdraw the present appeals with liberty to the appellant to approach the Appropriate Forum provided under the law and further if the law permits to move appropriate application for interim relief, the appellant can always avail the same.

¶35

Accordingly, the present appeals are dismissed as withdrawn with liberty as prayed for.

¶36

A copy of this order be separately placed in connected matter.

¶37

(ASHOK KUMAR GAUR),J

¶38

Ramesh Vaishnav /86/Himanshu Soni

¶39

1-2

M/S Mahima Real Estates Pvt. Ltd. v. Rajan Sanghi S/O Late Shri Manik Lal Sanghi

Case brief

What is this about?

What did the court decide?

M/S Mahima Real Estates Pvt. Ltd. v. Rajan Sanghi S/O Late Shri Manik Lal Sanghi

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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