Oha Commute Private Limited And ... vs Pune Mahanagar Parivahan ...
2023 Latest Caselaw 11695 Bom

                                                              502-arast-31630-2023.doc

jsn
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                     ARBITRATION APPEAL (ST) NO.31630 OF 2023


       OHA Commute Private Ltd. & Anr.                          ...Appellant

               Versus

       Pune Mahanagar Parivahan Mahamandal                      ...Respondent
       Limited

                                           ----------
       Mr. Venkatesh Dhond, Senior Advocate with Ms. Vinodini Srinivasan
       and Anshul Anjarlekar and Harjot Singh Alang i/b. Raval Shah and
       Co. for the Appellants.
                                           ----------

                                          CORAM : R.I. CHAGLA J

                                           DATE         : 10TH NOVEMBER, 2023

       ORDER :

1. Heard Mr. Venkatesh Dhond, the learned Senior

Advocate for the Appellant.

2. An Affidavit of Service of the Applicant / Appellant dated

10th November, 2023 has been tendered and which is taken on

record. Affidavit of Service shows that the Respondent has been

served by way of email. The email annexed at Exhibit A to the

502-arast-31630-2023.doc

Affidavit of Service has not bounced back. An attempt to serve by

hand delivery was made, however, the office of the Respondent is

shut today. Annexed to Affidavit of Service is the photograph

evidencing that the office of the Respondent is shut.

3. Considering that the Respondent is not present, the

Arbitration Appeal is being adjourned to 29th November, 2023 to be

listed on the supplementary board.

4. Considering that there had been a status quo ordered

with respect the bank guarantees on 16th October, 2023 by the Court

of District Judge - 2, Pune and which status quo has been vacated by

rejection of the Petitioner's application under Section 9 of the

Arbitration and Conciliation Act, 1996, till the next date, there shall

be a stay of the impugned Judgment and Order dated 4th November,

2023. The stay is being granted without considering the merits of the

Appeal and in the peculiar circumstances of this case where non-

grant of stay may result in the Arbitration Appeal itself becoming

infructuous, in the event the bank guarantees are invoked and

encashed by the Respondent.

502-arast-31630-2023.doc

5. Accordingly, the status quo with respect to the bank

guarantees which had been ordered on 16th October, 2023 by the

lower Court shall continue to operate till the next date.

 6.               Stand        over   to   29th   November,      2023       on      the

 supplementary board.



                                                    [ R.I. CHAGLA J. ]