Jai Service Station Kakani, Village Kakani, Jodhpur v. Hindustan Petroleum Corporation Ltd. , Mumbai
2013-09-23
ARUN BHANSALI
body2013
DigiLaw.ai
JUDGMENT 1. - Heard learned counsel for the parties. 2. This appeal is directed against order dated 13th September, 2013 passed by the trial court, whereby, the prayer made by the appellant for grant of ad interim relief during the pendency of the application under Section 9 of the Arbitration and Conciliation Act, 1996 ('the Act') was declined. While declining the said application, the trial court granted time to the respondents for filing reply and has fixed 23rd September, 2013 for the said purpose. 3. In the facts and circumstances of the case, when no reply to the application under Section 9 of the Act was filed by the respondent and 23rd September, 2013 was fixed for the said purpose, and today again, it is submitted by learned counsel for the respondents that on account of certain other pressuring commitments, respondents may not be able to file reply to the application under Section 9 of the Act and the fact that the sale/supply at the outlet has been stopped since 01st November, 2012, without entering into merits/demerits of the claim and counter claim made by the appellant and the respondents, the ends of justice would meet if, as submitted by learned counsel for the respondents, reply to the application under Section 9 of the Act is filed by 27th September, 2013 by the respondents and the trial court is directed to decide the application under Section 9 of the Act itself by 04th October, 2013 and, in the meanwhile, the possession of the retail outlet is not taken over by the respondent-Corporation. 4. Consequently, in the peculiar facts and circumstances of the present case, it is ordered that the respondents may file their reply to the application under Section 9 of the Act by 27th September, 2013, the trial court shall decide the said application on or before 04th October, 2013 and the possession of the retail outlet shall not be taken over by the respondent-Corporation till the disposal of the application under Section 9 of the Act. Needless to observe that the trial court shall not be influenced by the observations made by it in the impugned order dated 12th September, 2013 and/or the order passed by this Court today. 5. Writ the above observations, the misc. appeal as well as the stay application stand disposed of.Appeal Disposed of. *******