M/s Allied Plus Infra & Other Pvt. Ltd. vs Sudhir Chawla & Another

Vipin Sanghi, CJ

The present appeal, under Section 37 of the Arbitration and Conciliation Act, is directed against the order dated 23.09.2023, passed by the learned Additional District Judge, Commercial Court, Dehradun, in Arbitration Case No.67 of 2023.

By the impugned order, while dealing with the said Arbitration case, under Section 9 of the Arbitration and Conciliation Act, the Commercial Court has declined grant of ad interim injunction, as sought by the appellant, and has put up the matter on 11.10.2023 for hearing under Section 9 petition itself.

Mr. Garg puts in appearance on behalf of respondent no.1. Respondent no.2 is the father of respondent no.1. He states that their relationship is estranged. He states that he shall file his Vakalatnama on behalf of respondent no.1 during the course of the day. He further states that the respondent shall file his reply in the proceedings, in Arbitration Case No.67 of 2023, within one week positively. We take this statement on record.

In any event, in the light of the order we propose to pass, we do not consider it necessary to issue notice to respondent no.2.

Respondent no.2 may also file his reply within the same period. The appellant shall serve a copy of this order on respondent no.2 within one day from today, by recorded delivery.

Rejoinder, if any, may be filed before the next date fixed before the Commercial Court. On 11.10.2023, the Commercial Court shall proceed to hear and dispose of the Arbitration Case No.67 of 2023. No adjournment shall be sought by either party, or be granted to either party.

The appeal stands disposed of in the aforesaid terms.

We make it clear that we have not expressed any opinion on the merits of the appellant’ claim one way or another and this order shall not be construed as an expression of opinion in the matter.

Pending application, if any, also stands disposed of.