Golden Chariot Retreats And Infra ... vs Sahara Hospitality Limited
2021 Latest Caselaw 14714 Bom

           Digitally signed
PRASHANT   by PRASHANT
           VILAS RANE
VILAS      Date:
RANE       2021.10.07
           21:24:24 +0530


   Pvr                                               1                           sr25-26.doc




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                              ORDINARY ORIGINAL CIVIL JURISDICTION

                          INTERIM APPLICATION (L) NO.8758 OF 2021
                                            IN
                       COMM. EXECUTION APPLICATION (L)NO.8750 OF 2021

   Golden Chariot Retreats & Infra Pvt.Ltd.               ...Applicant

   In the matter of

   Golden Chariot Retreats & Infra Pvt.Ltd.               ...Judgment Creditor
        vs.
   Sahara Hospitality Limited.                            ...Judgment Debtor
                                                                 Respondent
                                               AND

                          INTERIM APPLICATION (L) NO.8775 OF 2021
                                            IN
                       COMM. EXECUTION APPLICATION (L)NO.8772 OF 2021

   Golden Chariot Retreats & Infra Pvt.Ltd.               ...Applicant

   In the matter of

   Golden Chariot Retreats & Infra Pvt.Ltd. ...Judgment Creditor
         vs.
   Sahara Hospitality Limited.              ...Judgment Debtor
                                      ---
   Mr.Amir Arsiwala with Nidhi Shah, for the Applicant/Judgment
   Creditor.

   Mr.Ashish P.agarkar, for the Respondent.


                                 CORAM :-   G. S. KULKARNI, J.

                                  DATE :-    OCTOBER 7, 2021





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PC :-

1. Heard learned Counsel for the applicant/judgment creditor and

learned Counsel for the respondent/judgment debtor on the execution

application as also on the interim application.

2. By an order dated 28 December 2020 passed by the learned Sole

Arbitrator under Section 17 of the Arbitration and Conciliation Act,1996

(for short 'the Act'), the following interim orders are passed:

"50. In the Section 17 Application preferred by the Claimant in respect of the Conducting Agreement dated 6 th February 2015 for the Spa and Banquet Hall, prayer clause

(b) is granted.

(i) Pending the conclusion of the arbitral proceedings between the Claimant and the Respondent, the Respondent is restrained from taking any coercive steps against the Claimant or from disturbing the Claimants possession over the premises being operated by it under the terms of the agreements dated 6th February 2015 or from dispossessing the Claimant or its goods from the Hotel premises."

51. In the Section 17 Application preferred by the Claimant in respect of the Conducting Agreement dated 29 th July 2015 read with Addendum Agreement dated 12 th May 2017 prayer clause (b) is granted.

"(i) Pending the conclusion of arbitral proceedings between the Claimant and the Respondent, the Respondent is restrained from taking any coercive steps against the Claimant or from disturbing the Claimant's possession over the premise being operated by it under the terms of the agreement dated 29 th of July,2015 read with Addendum Agreement dated 12 th of May 2017, or from dispossessing the Claimant or its goods from the Hotel premises."

Pvr 3 sr25-26.doc

52. In respect of both these Conducting Agreements the Claimant will henceforth comply with the compensation clauses of the said Agreements till such time as the present ad-interim order is operating.

53. Parties to bear their own costs of the present Applications."

3. Respondent has filed the proceedings under Section 37 of the Act

assailing the above interim orders passed by the learned sole Arbitrator.

Such proceedings are pending. My attention is drawn to an order dated

5 May 2021 passed by this Court (B.P. Colabawalla, J.) rejecting the ad-

interim reliefs in the Section 37 proceedings. However, in the

meantime, the interim orders passed by the learned sole Arbitrator

having not been complied with, the applicant/judgment creditor has

filed the present proceedings.

4. After the hearing of these proceedings progressed at some length,

learned Counsel for the respondent/judgment debtor, on instructions,

makes a statement that his clients are willing to comply with the interim

orders without prejudice to their rights and contentions in the Section

37 proceedings. He states that the order would be complied within a

period of one week from today. Statement of the learned Counsel for

the respondent/judgment debtor is accepted.

5. In view of such statement as made on behalf of the

Pvr 4 sr25-26.doc

respondent/judgment debtor, nothing further would remain for

adjudication of the present proceedings. Interim applications as also the

execution applications stand disposed of. All contentions of the parties

in the Section 37 proceedings are expressly kept open.

(G. S. KULKARNI, J.)