Ambalal Sarabhai Enterprises Limited and 1 vs M/s. Neptune Infrastructure Pvt. Ltd.

Honourable Mr. Justice Rajesh H. Shukla

Rule. Learned senior counsel Shri Shalin Mehta for learned advocate Ms. Vidhi Bhatt waives service of notice of rule for respondent. Present Misc. Civil Application has been filed for the modification of order dated 29/11/2012 passed earlier in Appeal From Order No. 479 of 2012 with Civil Application No. 13068 of 2012 on the grounds stated in the application inter alia that in view of the provisions of Section- 8 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as "the Act") the necessary clarification/modification may be made that the arbitration application under Section- 8 may be decided first and thereafter the application Exh.-5 can be decided within a stipulated time after hearing the parties.

Learned senior counsel Mr. Mihir Joshi for learned advocate Ms. Megha Jani for the applicants has therefore submitted that in view of the provisions of Section- 8 of the Act, it is necessary that application under Section- 8 of the Act may be decided within a stipulated time of one week and thereafter if such application is rejected the application for injunction may be heard and decided to which learned senior counsel Shri Shalin Mehta has no objection. However, learned senior counsel Shri Shalin Mehta has stated that time of one week for filing reply to the application under the Act may be granted as he would apply to the court below, which will be considered.

In the circumstances, earlier order dated 29/11/2012 passed by this Court in Appeal From Order No. 479 of 2012 with Civil Application No. 13068 of 2012 shall stand modified to the extent that application under Section- 8 of the Act made by the applicants may be decided within two weeks from today in accordance with law on merits after providing an opportunity to the other side as stated by learned senior counsel Shri Shalin Mehta. The court may proceed to hear and decide the application below Exh. 5 if necessary, which again shall be decided thereafter within a further period of two weeks. The interim order/ex parte injunction order, which has been granted, shall continue to operate till then. Present Misc. Civil Application stands disposed of. Rule is made absolute.