Anil Onkardas Rathi vs M/S Pyramid Realtors, Dhantoli, ...
2023 Latest Caselaw 1976 Bom

                                                                                                                                               01. AA 13 of 2023.odt
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                                   ARBITRATION APPEAL NO.13/2023

                                             Shri Anil Rathi s/o late Shri O.L. Rathi
                                                           ...Versus...
                                            M/s. Pyramid Realtors, Nagpur and others

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                                              Shri C.S. Dhore, Advocate for appellant



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 28/02/2023

1. Rejection of the application for extension of status quo, which was earlier granted by the judgment dated 24/01/2023, is under challenge in this appeal. It is contended that though the Arbitrator was appointed, because of the allegations made by the respondents, he had recused himself, as a result of which, an appropriate application has already been filed in this Court. Since the Arbitrator is not seized of the matter as of now, an application under Section 17 of the Arbitration and Conciliation Act cannot be entertained and heard.

2. In view of the above position, issue notice for final disposal to the respondents, returnable on 6/03/2023.

01. AA 13 of 2023.odt

3. The appellant to serve copy of this appeal upon the respondents as well as their counsel.

4. Till the returnable date, the parties shall maintain status quo, as ordered by the judgment dated 24/01/2023.

(AVINASH G. GHAROTE, J.)

Wadkar

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:28.02.2023 19:50