Item No.41
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
I.A.No.1 of 2021
IN/AND
COMCA.No.27 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal is directed against an order dated
22.04.2021, passed by the Special Court for trial and disposal of
commercial disputes, Ranga Reddy District, at L.B.Nagar, in
C.O.P.No.5 of 2021 filed by the respondent No.1 (M/s. Meenakshi
Infrastructures Private Limited) under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') for restraining the appellant herein from alienating a parcel of the land or changing its nature.
2. Though a copy of the impugned order is not on record, on a perusal of the document filed by the appellant at page 8 described as "Ad-interim injunction order", it transpires that the same is only a copy of the summons and the injunction order granted in favour of the respondent No.1 herein has not been filed.
3. At the outset, we have enquired from learned counsel for the appellant as to whether any steps have been taken by his client to move an application for seeking vacation of the interim order, particularly, when even as per him, the case was listed on 02.06.2021 and is now listed on 08.08.2021. Learned counsel concedes that only a power of attorney has been filed on behalf of the appellant. Neither a vacate stay application has been moved, nor has a reply been filed to the petition filed by the other side under Section 9 of the Act.
4. We see no reason to entertain the present appeal, when no steps have been taken by the appellant so far to either move a vacate stay application upon being served with the interim order passed on 22.04.2021, or to file a reply in opposition to the said petition by taking all the pleas that may be available to him, including a plea regarding the maintainability of the petition filed under Section 9 of the Act.
5. The present appeal and the Interlocutory Application are dismissed along with the pending applications, if any, with liberty granted to the appellant to move an appropriate application before the Special Court for trial and disposal of commercial disputes, Ranga Reddy District, at L.B.Nagar, for seeking vacation of the interim order and filing a reply to the Section 9 petition well before the next date fixed in the matter i.e., 08.08.2021.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 26.07.2021 ES