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2009 Supreme(Del) 1053

VALMIKI J.MEHTA
CHIRAWA INVESTMENT LIMITED – Appellant
Versus
INDIABULLS FINANCIAL SERVICES LTD. – Respondent


Advocates appeared
Mr. Dushyant Dave, Sr. Advocate With Mr. Ramesh Singh, Mr. A.T. Patra, Ms. Aradhana Patra, Advocates
Mr. Abhishek Manu Singhavi, Sr. Adv. with Mr. Rishi Agrawal, Mr. Bhagvan Swarup Shukla, Ms. Roma Hameed, Advocates.

JUDGMENT (ORAL)

1. The present appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter “the Act”) against the order dated 23.7.2009 passed by the Arbitrator whereby the present appellants, who are arrayed as guarantors/respondents in the claim petition filed before the Arbitrator, have been restrained from disposing of the immovable properties as stated in the said order and which properties though were mortgaged by the appellants but the mortgage deeds were not registered. Further, by the impugned order, the learned Arbitrator had restrained the appellants from selling, transferring or creating any third party interest in any manner in respect of the shares of Gujarat Heavy Chemicals Ltd. (GHCL) and Golden Tobacco Ltd. (GTL). By the same order, a restraint order has also been passed that none of the parties or their proxies shall exercise their voting rights in respect of the said shares till further orders. 2. The scope of hearing of an appeal against an ex parte injunction order passed is indeed very limited. The two basic aspects the court has to see is firstly whether the court lacks jurisdiction to pass such an order or secondly that






























































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