Bombay High Court
Tadoba Andhari Tiger Reserve ... vs Wild Connectivity Solutions, ... on 17 October, 2024
Author: G. A. Sanap
Bench: G. A. Sanap
2024:BHC-NAG:11822
1 AA no.33.23.odt. + one.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
ARBITRATION APPEAL NO. 33 OF 2023
Wild Connectivity Solutions,
a Partnership Firm having its office at
Plot No.64, Besides Uttar Bhashiy Sangh,
Opposite Tukum Gurudwara,
Chandrapur, represented by its Partner
Shri Abhishek Vinodsingh Thakur,
Aged about 37 years,
Occ:- Business, R/o Jairaj Nagar, Tukum
Chandrapur, Tah. And Dist. Chandrapur
... APPELLANT
// V E R S U S //
1. Tadoba Andhari Tiger Reserve
Conservation Foundation, a Public Trust
bearing Registration No. having its Office
near Mata Mandir, Mul Road, Chandrapur,
Tah. & District Chandrapur (MS) to be
served through its Executive Director
2. Dr. Jitendra Ramgaonkar,
Aged 40 years, Occ: Service
Executive Director, TATR Conservation
Foundation, Near Mata Mandir, Mul ... RESPONDENTS
Road, Chandrapur, Tah. & Distt.
Chandrapur (MS)
3. Chief Wildlife Warden,
Member Secretary, TATR Foundation,
Office of the Principal Chief
Conservator of Forests (Wildlife) (MS)
3rd Floor, Van Bhavan, Ramgiri Road,
Civil Lines, Nagpur, Tah. & Distt. Nagpur (MS)
1 AA no.33.23.odt. + one.odt
2
--------------------------------------------------------------------------------------
Mr R.L. Khapre, Senior Advocate assisted by Mr. G.S. Kidambi, Advocate for
appellant.
Mr K.N. Shukul, Advocate alongwith Mr. Raghav Bhandakkar and Mr. Raghav
Tiwari, Advocate for respondents.
----------------------------------------------------------------------------------------------
WITH
ARBITRATION APPEAL NO. 43 OF 2023
Tadoba Andhari Tiger Reserve
Conservation Foundation, a Public Trust
bearing Registration No. having its Office
near Mata Mandir, Mul Road, Chandrapur,
Tah. & District Chandrapur (MS) to be
served through its Executive Director ... APPELLANT
// V E R S U S //
1. Wild Connectivity Solutions,
a Partnership Firm having its office at
Plot No.64, Besides Uttar Bhashiya Sangh,
Opposite Tukum Gurudwara,
Chandrapur, represented by its Partner
Shri Abhishek Vinodsingh Thakur,
Aged about 37 years,
Occ:- Business, R/o Jairaj Nagar, Tukum
Chandrapur, Tah. And Dist. Chandrapur
... RESPONDENT
--------------------------------------------------------------------------------------
Mr K.N. Shukul, Advocate alongwith Mr. Raghav Bhandakkar and Mr. Raghav
Tiwari, Advocate for the appellant.
Mr R.L. Khapre, Senior Advocate assisted by Mr. G.S. Kidambi, Advocate for
respondent.
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CORAM : G. A. SANAP, J.
DATE : 17/10/2024
ORAL JUDGMENT :
1 AA no.33.23.odt. + one.odt
1. Both the parties being aggrieved by the order dated
31.08.2023 passed by the Principal District Judge, Chandrapur
have filed these appeals. Learned Principal District Judge
passed the following final order. It reads as follows;-
" i) Application is partly allowed.
ii) The termination of Service Agreement is
stayed till the commencement of arbitration proceedings.
iii) The non-applicants are restrained from
substituting the applicant's portal from booking the Safaries by
any other portal.
iv) The non-applicants are entitled to book the
Safaries through their own portal."
2. It appears that the parties are aggrieved by the
adverse operative part of the order. The challenge have been
set out in the memo of appeals by both parties.
3. I have heard learned Advocates for the parties at
1 AA no.33.23.odt. + one.odt
length. It is to be noted that the application ( MCA (Arbn)
No.360 of 2024) made for appointment of an Arbitrator for
resolution of dispute arising between the parties by the
appellant Tadob Andhari Tiger Reserve conservation
Foundation (in Arbitration Appeal No.43/2023) has been
allowed. The Arbitrator has been appointed for resolution of
dispute. It is to be noted that in view of the appointment of an
Arbitrator for resolution of dispute the jurisdiction to decide all
the issues and disputes arising between the parties vest with
the learned Arbitrator.
4. In view of this factual position learned Advocates
for both the parties submitted that till the filing of the claim
statements before the learned Arbitrator the order dated
31.08.2023 be continued.
5. In my view considering this statement made by the
learned Advocates as above it would not be necessary to go into
1 AA no.33.23.odt. + one.odt
other related aspects in detail. The purpose of the parties, as
submitted by the learned Advocates, would be served by
continuing this order till filing of the claim statement by the
applicant in the arbitration application. The parties would be at
liberty to make an appropriate application before the learned
Arbitrator for interim measures till the completion of the
arbitration proceeding by the learned Arbitrator.
6. In view of the aforesaid, both the Arbitration
Appeals disposed of accordingly.
(G. A. SANAP, J.)
Manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 21/10/2024 11:17:29
