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2019 Supreme(Bom) 58

B.P.COLABAWALLA
Shailendra Bhadauria – Appellant
Versus
Matrix Partners India Investment – Respondent


Advocates Appeared:
Mr. S.U. Kamdar, Mr. Zal Andhyarujina, Mr. Samsher Garud, Bijjal Gandhi, Jayakar and Partners for the Petitioners in CARBP No. 913/2018 and for Respondent in CARBP No. 939/2018.
Mr. Pravin K. Samdani, Mr. Sanjay Jain, Mr. Ashwin Bhadang, Mr. Nivit Shrivastava, Ms. Sneha Patil, Ms. Khushboo Rupan, Maniar Srivastava Associates for the Petitioners in CARBP No. 939/2018 and for Respondent in CARBP No. 918/2018.
Mr. Sharan Jagtiani, Mr. Nitesh Jain, Ms. Juhi Mathur, Mr. Aditya Malhotra, Ms. Atika Vaz, Shardul Amarchand Mangaldas and Co. for Respondent in both Petitions.

JUDGMENT :

B.P. COLABAWALLA, J.

1. By these two Arbitration Petitions filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short the “Arbitration Act”), the Petitioners challenge the order dated 4th July, 2018 passed by the Arbitral Tribunal under Section 17 of the Arbitration Act (for short the “impugned order”). By the impugned order, pending the hearing and final disposal of the arbitration proceedings, and as an interim measure, the Arbitral Tribunal directed the Petitioners in both Petitions to jointly and severally deposit an amount of Rs. 190 Crores, or in the alternative to provide a bank guarantee for the said amount and deposit the same with the Tribunal within a period of four weeks from the date of the impugned order. In addition to the aforesaid direction, the Arbitral Tribunal also restrained the Petitioners in Arbitration Petition No. 913 of 2018 (Respondent Nos. 1 to 4 before the Arbitral Tribunal) from selling, transferring, alienating, disposing of and/or encumbering their interests (legal, beneficial and/or economic) in any and all the properties of the Petitioners (Respondent Nos. 1 to 4 before the Arbitral Tribunal) where ever located in Indi








































































































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