CITY FINANCIAL CONSUMER v. FAYAZABDUL MAJEED SHEIKH & Ors.
Case at a glance
Provisions considered
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY. ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.794 OF 2012. CITY FINANCIAL CONSUMER FINANCE INDIA LTD. V/s. ... Petitioner. FAYAZABDUL MAJEED SHEIKH & ORS. ... Respondents. Mr S.M.Suryawanshi for the Petitioner. Mr Pranav Sampat i/b Rajesh Ravindran for the Respondents. CORAM : R.D.DHANUKA J. DATED : 25th October, 2012. P.C.
This petition has been filed under Section 9 of the Arbitration and Conciliation Act 1996 for appointment of Court Receiver and injunction in respect of the property described at page no.43 of the petition.
It is the case of the petitioner that vide agreement dated 28th July 2007, the petitioner has sanctioned term loan of Rs.14,55,000/- and Rs. 16,00,000/- to the respondents.
It is a common ground that arbitration proceedings are going on between the parties and are at advanced stage. By an order dated 7th March asmita .. 2 .. ARBP-794/12 2012 passed by Anoop V. Mohta, J., ad interim relief in terms of prayer clause (c) has been granted. No affidavit-in-reply is filed by the respondents though served.
Considering the averments made in the petition, I am of the prima facie view that ad interim relief granted by this Court shall be continued till disposal of the arbitration proceedings. I am not inclined to appoint Court Receiver at this stage.
Petition is made absolute in terms of prayer clause (c).
Questions this judgment answers
Which statutory provisions did this judgment involve?
Arbitration and Conciliation Act, 1996 — s. 9.
Which court decided this case, and when?
Bombay High Court, on 25 Oct 2012. The bench was R D DHANUKA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.