SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(Bom) 473

NARESH H.PATIL, R.D.DHANUKA, G.S.KULKARNI
Gautam Landscapes Private Limited – Appellant
Versus
Shailesh S Shah – Respondent


Advocates:
Advocate Appeared:
Priya Rombade, Adv., Aniket Worlikar, Adv., Deven Dwarkadas, Adv., Ankit Lohia, Adv., Dinesh Tiwari, Adv., Swapnil Ambure, Adv., Mikhail Dey, Adv., Varun Nathani, Adv., Pooja Batra, Adv., Dinesh Tiwari & Asso, Adv., P.S. Dani, Adv., Tejash Dande, Adv., R.D. Suryawanshi, Adv., Bharat Gadhavi, Adv., Vishal Navale, Adv., Shrikrishna R Ganbavale, Adv., Milind Sathe, Adv., Aspi Chinoy, Adv.

JUDGMENT :

NARESH H. PATIL, J.

1. (A) INTRODUCTION:

By an order dated 6th September 2018 passed by the learned Single Judge in Arbitration Petition No.466 of 2017 (Gautam Landscapes Pvt. Ltd. Vs. Shailesh S. Shah and anr.), and Arbitration Application No.246 of 2016 (Gautam Landscapes Pvt. Ltd. Vs. Shailesh S. Shah), the learned Single Judge observed in para 25.3 as under :-

25.3 The question whether this Court under Section 2(e) of the Act can entertain and grant any interim or ad-interim relief in an application under Section 9 of the Act when the Arbitration Agreement is contained in a document that is unstamped or insufficiently stamped, needs to be referred to a Larger Bench for determination. In my view, the Hon’ble Chief Justice can be requested by this Court to refer the said question/issue to a Larger Bench for consideration. The Registry is therefore directed to place the papers and proceedings before the Hon’ble the Chief Justice to enable the Hon’ble the Chief Justice to refer the aforesaid question/issue to a larger Bench for consideration.

In pursuance of the above o





















































































































































































































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top