Gujarat High Court
Abhishek Suresh Mehta vs Kanu Chandulal Shah on 21 September, 2021
Bench: B.N. Karia
C/SCA/13484/2021 ORDER DATED: 21/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13484 of 2021
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ABHISHEK SURESH MEHTA
Versus
KANU CHANDULAL SHAH
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Appearance:
MR JIGAR P RAVAL(2008) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 1,2,3,4,5,6
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 21/09/2021
ORAL ORDER
By preferring this petition under Article 227 of the
Constitution of India, following prayers are sought for by the
petitioners.
(A) Your Lordships may be pleased to admit and allow this
petition.
(B) Your Lordships may be pleased issue a writ of certiorari
and/or an appropriate writ, order or direction directing the
respondents not to transfer alienate and/or to execute any kind of
document regarding the property in question ie., property
situated at Survey No. 586 (New Survey No. 383) whose
measurement is 32600 sq. mtrs and as per T.P.Scheme No. 28
(Rundh-Vesu) F.P. No. 29 admeasuring 21231 sqr meters and be
further directed not to execute any documents in the scheme
known as "K.P.M. Terraprime" (Scheme of the flat and open
space) projected in the above area to any third party and be
C/SCA/13484/2021 ORDER DATED: 21/09/2021
directed to maintain the status quo the property stated
hereinabove till the final disposal of the Arbitration Misc.
Application No. 14/2021 pending before the learned District
Court, Surat.
(C) Pending hearing and till final disposal of this petition, Your
Lordships may be pleased to grant the ad-interim relief against
the respondents as prayed for in prayer Clause (B) of this petition.
(D) Any other relief deemed just and proper may please be
granted in the interest of justice"
Heard learned advocate for the petitioners.
It was submitted by learned advocate for the petitioners
that during the pendency of the arbitration Petition No. 91 of
2020, application under Section 9 of the Arbitration and
Conciliation Act 1996 (In short "the Act") for interim
injunction was preferred on 5th October 2020. During the
pendency of the injunction application and taking advantage
of the situation, the respondents continued to execute certain
deeds with the third parties in respect of the properties of the
firm and thereby various documents were executed by
transferring the properties. That, application under Section 9
of the Act was finally heard on 04.03.2021 and from that day,
the application filed under Section 9 of the Act is kept pending
before the court for final judgment. That, application under
Section 9 of the Act is adjourned time to time for
pronouncement of judgment but till date, the learned Judge
C/SCA/13484/2021 ORDER DATED: 21/09/2021
has not pronounced the judgment below such application.
That, on Establishment of Commercial Court at Surat, same
was transferred to the commercial court on the basis of the
application filed by the petitioners and Arbitration Misc.
Application No. 152 of 2020 is renumbered as Commercial
Application No. 14 of 2021. However, the said application
was filed on 05.10.2020, till date, no order is passed below
said application. That, so many documents for transfer of the
properties of the firm were executed by the respondent, and
therefore, order is required to be passed below application filed
under Section 9 of the Act expeditiously.
Learned advocate for the petitioners has drawn attention
of the court proceedings and argued that from 20 th February
2021. the matter was fixed for final arguments, and thereafter,
on 04.03.2021 matter was fixed for judgment, yet no
judgment or order has been passed below application filed
under Section 9 of the Act.
Learned advocate appearing for the petitioners requests
to withdraw the prayer made in Para 18(B) of the petition and
further prayed to pass necessary orders to expedite the
application filed under Section 9 of the Act and learned Judge
of the Commercial Court may pass necessary order thereunder.
Permission as sought for withdrawing the prayer made in para
18(B) of the petitioner stands granted.
C/SCA/13484/2021 ORDER DATED: 21/09/2021
Considering the limited prayer made by the petitioners to
expedite disposal of the application filed under Section 9 of the
Act, no notice is necessary to respondent, hence no notice.
Having heard learned advocate for the petitioners and the
case details produced at Annexure-G, it appears that
Commercial Civil Misc. Application No. 153/2020 filed on
05.10.2020 under the Arbitration and Conciliation Act and
thereafter, on establishment of the Commercial Court, it was
transferred and renumbered as Civil Misc. Application 14 of
2021.
From the case details provided by the petitioners, it
appears that from 26th February 2021, the matter was kept for
final arguments and from 22nd March 2021, it was kept for
Judgment. From the record, it appears that frequent reminder
was made by the petitioners to decide the application filed
under Section 9 of the Act, but yet no order has been passed by
the court below. As per the submissions made by learned
advocate for the petitioners, during the pendency of the
application filed under Section 9 of the Act, the respondent has
transferred the property of the firm and approximately 83
deeds were executed transferring the properties of the firm
Considering the aforesaid peculiar facts of the case and
submissions made by learned advocate for the petitioners,
learned Judge of the Commercial Court shall decide the
C/SCA/13484/2021 ORDER DATED: 21/09/2021
application filed by the petitioners under Section 9 of the Act in
Commercial Civil Misc. Application No. 14 of 2021
expeditiously and pass necessary order in accordance with law
preferably within a period of two weeks from the date of
receipt of this order.
With aforesaid observations, present petition stands
disposed of.
Direct service is permitted.
(B.N. KARIA, J)
K. S. DARJI
