ABHISHEK SURESH MEHTA Vs. KANU CHANDULAL SHAH

JUDGEMENT

(1.) By preferring this petition under Art. 227 of the Constitution of India, following prayers are sought for by the petitioners.

(2.) Heard learned advocate for the petitioners.

(3.) It was submitted by learned advocate for the petitioners that during the pendency of the arbitration Petition No. 91 of 2020, application under Sec. 9 of the Arbitration and Conciliation Act 1996 (In short "the Act") for interim injunction was preferred on 5/10/2020. During the pendency of the injunction application and taking advantage of the situation, the respondents continued to execute certain deeds with the third parties in respect of the properties of the firm and thereby various documents were executed by transferring the properties. That, application under Sec. 9 of the Act was finally heard on 4/3/2021 and from that day, the application filed under Sec. 9 of the Act is kept pending before the court for final judgment. That, application under Sec. 9 of the Act is adjourned time to time for pronouncement of judgment but till date, the learned Judge has not pronounced the judgment below such application. That, on Establishment of Commercial Court at Surat, same was transferred to the commercial court on the basis of the application filed by the petitioners and Arbitration Misc. Application No. 152 of 2020 is renumbered as Commercial Application No. 14 of 2021. However, the said application was filed on 5/10/2020, till date, no order is passed below said application. That, so many documents for transfer of the properties of the firm were executed by the respondent, and therefore, order is required to be passed below application filed under Sec. 9 of the Act expeditiously.