Myadam Anita And Another vs Myadam Sugandha Bai And 3 Others
2021 Latest Caselaw 4188 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                         AND
              THE HON'BLE SRI JUSTICE N. TUKARAMJI


                           COMCA No.45 of 2021

JUDGMENT:      (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present appeal is arising out of order dated

18.11.2021 passed by the Special Court for Trial and

Disposal      of    Commercial             Disputes           at     Hyderabad   in

C.O.P.No.63 of 2021.

     The facts of the case reveal that an application was

preferred under Section 9 of the Arbitration and Conciliation

Act, 1996 (hereinafter referred to as "the Act of 1996"),

restraining respondent No.1 in the petition from transferring

the equity shares. The trial Court by order dated 18.11.2021

has directed the parties not to sell the shares till the next

date of hearing i.e., 06.12.2021. On 06.12.2021, the present

appellants before this Court have sought time to file a counter

and the matter is now listed to 04.01.2022.

Learned counsel for the appellants has fairly stated

before this Court that the present appeal be disposed of as

withdrawn with a direction to the trial Court to pass a final

order in respect of Section 9 application under the Act of

1996 within a period of 30 days from today. Learned counsel

for the appellants has also given an undertaking before this

Court that he will file his counter before the trial Court within

three days.

The prayer is a reasonable one. Therefore, without

commenting upon the merits of the case, the appeal is

dismissed as withdrawn with a direction to the trial Court to

decide the matter within a period of 30 days from today.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 07.12.2021 ES