Sri. Mohan Babu vs Union of India

Mohan M. Shantanagoudar, J.—This appeal is filed u/s 37(1)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") questioning the order of the Court below issuing notice to the respondents. The record reveals that the appellant herein filed an application u/s 9 of the Act seeking interim relief. He also filed interim application seeking interim relief. The Court below after hearing issued notice to the respondents on the interim application with a specific direction that the respondents shall be served notice on IA I and main petition.

It seems no action is taken by the appellant, subsequently. Thereafter one more order came to be issued on 14.08.2013 issuing notice on IA I and main petition returnable by 30.09.2013. Questioning the said orders this appeal is filed.

Since the application filed by the appellant for ex parte interim relief is pending consideration before the Court below, it cannot be said that the interim relief sought for by the appellant is either granted nor refused. On the other hand, consideration of interim relief is deferred till service of notice on the respondents. However, learned Counsel for the appellant now submits that during the interregnum notice is issued by the respondents to the appellant for taking coercive steps against the appellant. If it is so, it is open for the appellant to bring the notice of the Court below about the same. Since it is open for the appellant to argue on his application for interim relief before the Court below, we decline to entertain this appeal. The Court below is directed to decide IA I filed by the appellant immediately after service of notice on the respondents or at any early date, if moved, early, as per law.

Accordingly the appeal stands dismissed.