THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
COMCA No.45 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present appeal is arising out of order dated
18.11.2021 passed by the Special Court for Trial and
Disposal of Commercial Disputes at Hyderabad in
C.O.P.No.63 of 2021.
The facts of the case reveal that an application was
preferred under Section 9 of the Arbitration and Conciliation
Act, 1996 (hereinafter referred to as "the Act of 1996"),
restraining respondent No.1 in the petition from transferring
the equity shares. The trial Court by order dated 18.11.2021 has directed the parties not to sell the shares till the next date of hearing i.e., 06.12.2021. On 06.12.2021, the present appellants before this Court have sought time to file a counter and the matter is now listed to 04.01.2022.
Learned counsel for the appellants has fairly stated before this Court that the present appeal be disposed of as withdrawn with a direction to the trial Court to pass a final order in respect of Section 9 application under the Act of 1996 within a period of 30 days from today. Learned counsel for the appellants has also given an undertaking before this Court that he will file his counter before the trial Court within three days.
2
The prayer is a reasonable one. Therefore, without commenting upon the merits of the case, the appeal is dismissed as withdrawn with a direction to the trial Court to decide the matter within a period of 30 days from today.
Miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ N. TUKARAMJI, J 07.12.2021 ES