6-IAL-8775-21.doc
Sharayu Khot
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 8775 OF 2021
IN
COMM. EXECUTION APPLICATION (L) NO. 8772 OF 2021
Golden Chariot Retreats & Infra Pvt.Ltd. ... Applicant
Versus
Sahara Hospitality Limited ...Respondent
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Mr. Amir Arsiwala for the Applicant.
Mr. Gautam Ankhad i/by Mr. Ashish Agarkar for the
Respondent.
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CORAM : R.I. CHAGLA J.
DATE : 5th May, 2021
(V.C.)
ORDER :
1. Heard learned Counsel for the parties.
2. Learned Counsel for the Respondent at the outset has pointed out that the order under Section 17 of the Arbitration and Conciliation Act, 1996 (" the Act") dated 28th December 2020 which has been passed by the learned 1/4 ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 08:33:58 ::: 6-IAL-8775-21.doc Arbitrator is the subject matter of challenge in Appeal and that the Appeal is on board of Justice B.P. Colabawalla. He has therefore, submitted that the Interim Application taken out in the Execution Application be considered only after the Appeal has been heard and disposed of.
3. An Affdavit in Reply dated 3rd May 2021 to the Interim Application has been fled on behalf of the Respondent/ Judgment-Debtor.
4. Learned Counsel for the Applicant has submitted that there are certain goods which are currently lying in the hotel and which have been brought in pursuant to the Conducting Agreements entered into between the Applicant and Respondent in respect of which the arbitration proceedings are ongoing and the said order under Section 17 of the Act has been passed. He has applied for status quo to be maintained with regard to these goods.
5. Having considered these submissions, it is noted that in the Affdavit in Reply dated 3rd May 2021 it has been 2/4 ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 08:33:58 ::: 6-IAL-8775-21.doc stated that the Respondent Hotel is currently being used as a quarantine center accommodating 50 domestic and international travelers due to the ongoing Covid-19 pandemic situation on the directions of MCGM. Further directions have been issued by MCGM to increase the capacity and infrastructure of the Respondent Hotel thereby increasing the quarantine capacity to assist the city in battling the Covid-19 pandemic. It is thus, submitted that there is no urgency to hear the Interim Application.
6. Having perused the Affdavit in Reply fled on behalf of the Respondent/Judgment-Debtor and noting the fact that the Appeal has been preferred from the order dated 28th December 2020 passed by the learned Arbitrator under Section 17 of the Act and which Appeal is today before another Judge of this Court, Justice B.P. Colabawalla, who is hearing Arbitration Appeals, it would be appropriate to adjourn the present Interim Application taken out in the Commercial Execution Application.
7. It is made clear that subject to the orders passed in 3/4 ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 08:33:58 ::: 6-IAL-8775-21.doc the Appeal preferred by the Respondent/Judgment-Debtor from the order dated 28th December 2020 passed by the learned Arbitrator under Section 17 of the Act, status quo shall be maintained in respect of the goods belonging to the Applicant which are currently lying in the Respondent Hotel and which goods have been brought in by them under the said Conducting Agreements.
8. Stand over to 9th June 2021.
[R.I. CHAGLA J.] 4/4 ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 08:33:58 :::