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2019 Supreme(Bom) 285

NARESH H.PATIL, N.M.JAMDAR
RAVI ARYA – Appellant
Versus
PALMVIEW INVESTMENTS OVERSEAS LTD. – Respondent


Advocates:
Advocate Appeared:
Haresh Jagtiani, Adv., Apurva Manwani, Adv., Bhavi Vora, Adv., Siddesh Bhole, Adv., D.D. Madon, Adv., Pradeep Sancheti, Adv., Kevic Setalvad, Adv., Vinay J Bhanushali, Adv., Manavendra Mishra, Adv., Akash Karmakar, Adv., Khaitan & Co, Adv., G.S. Godbole, Adv., Rahul Soman, Adv., Aditya P Shirke, Adv., Karl Tamboly, Adv., Hrushi Narvekar, Adv., Vivek Vashi, Adv., Alya Khan, Adv., Aditi Bhansali, Adv., Yash Momaya, Adv., Vashi, Adv.

JUDGMENT :

NARESH H. PATIL, J.

1. Admit. The Appeal is heard finally by consent of the parties at admission stage.

2. The Appeal is directed against an order dated 17 December 2018 passed by the learned Single Judge in Notice of Motion (L) No. 3049 of 2018 in Suit (L) No. 1676 of 2018 dismissing the Notice of Motion.

3. The appellants are plaintiffs in a suit (Lodging) No. 1676 of 2018 inter alia seeking temporary injunction restraining the respondent nos. 1 to 8 (original Defendants) from proceeding with the Arbitration proceedings as invoked by Communication dated 30 April 2018.

4. The appellant no.1 and respondent no.4 Pawan are real brothers. The respective groups are referred to as RA Group and PA Group. The appellants constitute part of RA Group and the respondents i.e. respondent Nos. 4 to 8 constitute the PA Group. Members of both the Groups were partners since long in business and have set up various businesses primarily that of running industrial Units in the State of Odisha. The respondent no.2 - Company i.e. Arya Iron and Steel Pvt. Ltd. was incorporated on 27 July 2004. The Promoters of the Company were RA Group, PA Group & respondent nos. 9 and 10. It is the appellants' co



















































































































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