Golden Chariot Retreats And Infra ... vs Sahara Hospitality Ltd
2021 Latest Caselaw 7228 Bom

                                                                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

                                       ----------
     Mr. Amir Arsiwala for the Applicant.
     Mr. Gautam Ankhad i/by Mr. Ashish Agarkar for the
     Respondent.
                                       ----------

                                       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

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

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

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.]