M/S Allied Plus Infra & Other Pvt. ... vs Sudhir Chawla
2023 Latest Caselaw 2916 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                   APPEAL FROM ORDER NO. 391 OF 2023

                          29TH SEPTEMBER, 2023

M/s Allied Plus Infra & Other Pvt. Ltd.                        .....Appellant.
                                        Versus

Sudhir Chawla                                                  ....Respondent.

Counsel for the Appellant : Mr. Piyush Aggarwal and Ms. Soniya Chawla, learned counsels.

Counsel for the Respondent : Mr. Piyush Garg, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

The present appeal, under Section 37 of the

Arbitration and Conciliation Act, is directed against the order

dated 23.09.2023, passed by the learned Additional District

Judge, Commercial Court, Dehradun, in Arbitration Case

No.66 of 2023.

2. By the impugned order, while dealing with the said

Arbitration case, under Section 9 of the Arbitration and

Conciliation Act, the Commercial Court has declined grant of

ad interim injunction, as sought by the appellant, and has put

up the matter on 11.10.2023 for hearing under Section 9

petition itself.

3. Mr. Garg puts in appearance on behalf of the sole

respondent. He states that he shall file his Vakalatnama

during the course of the day. He further states that the

respondent shall file his reply in the proceedings, in

Arbitration Case No.66 of 2023, within one week positively.

We take this statement on record.

4. Rejoinder, if any, may be filed before the next date

fixed before the Commercial Court. On 11.10.2023, the

Commercial Court shall proceed to hear and dispose of the

Arbitration Case No.66 of 2023. No adjournment shall be

sought by either party, or be granted to either party.

5. The appeal stands disposed of in the aforesaid

terms.

6. We make it clear that we have not expressed any

opinion on the merits of the appellant' claim one way or

another and this order shall not be construed as an

expression of opinion in the matter.

7. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 29th September, 2023 NISHANT