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

2022 Supreme(Bom) 548

G.S.KULKARNI
Manish Khera – Appellant
Versus
Jayajit Trust, through its trustees Chetan Javeri & Rupesh Mehta – Respondent


Advocates Appeared:
For the Petitioners: Mr. Vaibhav Charalwar with Mr. Amol Bavare and Ms. Krishna Baruah i/b. Pragnya Legal.
For the Respondent: Mr. Vishal Kanade with Mr. Vyom Shah, Ms. Manisha Vikhare, Mr. Anagh Gadhan and Mr. Anand Iyer i/b. Divya Shah Associates.

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:-

    “ORDER

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

              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