G.S.KULKARNI
Manish Khera – Appellant
Versus
Jayajit Trust, through its trustees Chetan Javeri & Rupesh Mehta – Respondent
JUDGMENT :
1. This petition under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) challenges a common order dated 14 February, 2022 passed by the learned sole arbitrator on two applications, firstly, on an application as filed by the respondent under Section 17 of the Act and secondly, on an application filed by the petitioners, treated as an application under section 17 of the Act, in pursuance of the liberty granted by this Court (B.P. Colabawalla, J.) by an order dated 20 September, 2021.
2. The grievance of the petitioners is primarily on the directions as made by the arbitral tribunal on the disclosure of the assets to be made by the petitioners pending the arbitral proceedings. The operative portion of the impugned order reads thus:-
21. Considering the facts and circumstances of the present case and considering the submissions made by the Ld. Counsels, I deem it fit to grant an order of disclosure in favour of the Claimant and against Respondent No.1. Furthermore, considering that Respondent No.1 had not filed his Affidavit of Disclosure pursuant to the Section 9 Order, the Claimant is today kept in the dark as to whether or not Respondent
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