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1999 Supreme(All) 893

O. P. GARG
DEEPAK MITRA – Appellant
Versus
DISTRICT JUDGE, ALLAHABAD – Respondent


Advocates:
Advocate Appeared:
Sh. Triloki Nath, Advocate, for the Petitioner.
Sh. J. Nagar, Standing Counsel, for the Respondents.

ORDER

1. The core question involved in the present writ petition is whether in a case in which a dispute between the parties has been referred for decision by an Arbitral Tribunal appointed by the High Court, interim order which is termed as an 'interim award' passed by it with a view to ascertain the feasibility viability of the proposal for vertical division of immovable and movable properties and asset of the two private companies equally, after ascertaining the wishes of the shareholders and ultimately holding that the division is not practicably possible, can be made subject matter of challenge by initiating proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as 'the Act') before the District Judge, Allahabad, being the principal Civil Court of original jurisdiction in the district. It is in the wake of this controversial question that the petitioner Deepak Mitra has prayed for a writ of prohibition to prohibit District Judge, Allahabad from proceeding with the arbitration case No. 18 of 1998 Ashok Mitra v. Smt. Sucharitra Mitra and for a direction in the nature of writ of certiorari to quash the orders dated 19-3-1999 and 9-10-19








































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