AI Structured Summary
Not yet generated for this judgment
Judgment
Hon''ble Mrs. Justice B.V. Nagarathna
This appeal is directed against the order dated 6.9.2011, passed in A.A. No. 25043/2011 on two interim applications filed under Order XXXIX Rules 1 and 2 of CPC (I.As. 1 and 2). By the said order, the applications have been dismissed.
I have heard the Learned Counsel for the appellant and the learned senior counsel for the respondents and perused the material on record.
Learned Counsel on both sides submit that the main application u/s 9 of the Arbitration and Reconciliation Act, 1996 is being taken up for final arguments tomorrow i.e., 2.12.2011. In that view of the matter, I am of the view that it would not be proper to interfere with an order passed on applications filed under Order XXXIX Rules 1 and 2 of the CPC, when the matter is at the stage of arguments u/s 9 of the aforesaid Act. Therefore, the trial court is directed to dispose of the main proceeding within a period of two weeks from today. In the interregnum, both parties are directed to maintain status-quo till the disposal of the application filed u/s 9 of the Act as observed by this Court on 4.10.201 I.
Submission of the Learned Counsel for the respondents that the property is in possession of M/s. Reliance Trends is also placed on record. It is also made clear that while considering the said application, the trial court would not be influenced by any observations made in the impugned order dated 6.9.2011.
In view of the above, the contention regarding the Maintainability of the applications filed by the appellant herein before the trial court under Order XXXIX Respondent Nos, 1 & 2 need not be taken up for consideration in this appeal.
With the above observations, this appeal is disposed of.