Y.Jaihind Reddy vs M/S Meenakshi Infrastructures ...
2021 Latest Caselaw 2218 Tel

Item No.41



      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                   AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                          I.A.No.1 of 2021
                              IN/AND
                        COMCA.No.27 of 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)


1.     The present appeal is directed against an order dated

22.04.2021, passed by the Special Court for trial and disposal of

commercial disputes, Ranga Reddy District, at L.B.Nagar, in

C.O.P.No.5 of 2021 filed by the respondent No.1 (M/s. Meenakshi

Infrastructures Private Limited) under Section 9 of the Arbitration and

Conciliation Act, 1996 (for short, 'the Act') for restraining the

appellant herein from alienating a parcel of the land or changing its

nature.

2. Though a copy of the impugned order is not on record, on a

perusal of the document filed by the appellant at page 8 described as

"Ad-interim injunction order", it transpires that the same is only a

copy of the summons and the injunction order granted in favour of the

respondent No.1 herein has not been filed.

3. At the outset, we have enquired from learned counsel for the

appellant as to whether any steps have been taken by his client to

move an application for seeking vacation of the interim order,

particularly, when even as per him, the case was listed on 02.06.2021 and is now listed on 08.08.2021. Learned counsel concedes that only

a power of attorney has been filed on behalf of the appellant. Neither

a vacate stay application has been moved, nor has a reply been filed to

the petition filed by the other side under Section 9 of the Act.

4. We see no reason to entertain the present appeal, when no steps

have been taken by the appellant so far to either move a vacate stay

application upon being served with the interim order passed on

22.04.2021, or to file a reply in opposition to the said petition by

taking all the pleas that may be available to him, including a plea

regarding the maintainability of the petition filed under Section 9 of

the Act.

5. The present appeal and the Interlocutory Application are

dismissed along with the pending applications, if any, with liberty

granted to the appellant to move an appropriate application before the

Special Court for trial and disposal of commercial disputes, Ranga

Reddy District, at L.B.Nagar, for seeking vacation of the interim order

and filing a reply to the Section 9 petition well before the next date

fixed in the matter i.e., 08.08.2021.

______________________________ HIMA KOHLI, CJ

______________________________ B. VIJAYSEN REDDY, J 26.07.2021 ES