LAWS(GJH)-2022-4-777

LATE MURARI SAMVARMAL TODI Vs. KAMLESHBHAI SANKARLAL PATEL

Decided On April 20, 2022
Late Murari Samvarmal Todi Appellant
V/S
Kamleshbhai Sankarlal Patel Respondents

JUDGEMENT

(1.) Heard learned Sr. Advocate Mr.S. I. Nanavati on behalf M/s.Nanavti Associates for the petitioner, learned Sr. Advocate Mr.Percy Kavina appearing with learned Advocate Mr.Anil Patel for respondent No.1, learned Advocate Mr.P. K. Pancholi for respondent No.2, learned Advocate Mr.Laxmansinh Zala for respondent No.5, learned Advocate Mr.Jimit Shah for respondent No.6 and learned Advocate Ms.Archana Acharya for respondent No.7.

(2.) By way of this petition, the petitioner has sought for the following reliefs:-

(3.) The above prayers have been sought for in context of a so-called order dtd. 15/7/2021 passed by respondent No.2, who was acting as arbitrator, though without any agreement between the parties or any express consent of the petitioner herein. It appears that the respondent No.2, the so-called Arbitrator had issued the so-called interim order in a so-called arbitration proceeding dtd. 15/7/2021 and whereas on basis of such so-called order the property, which was in possession of the present petitioner was sought to be taken away forcefully by the private respondents. It also appears that vide an order dtd. 26/7/2021 this Court had stayed the so-called interim arbitral order dtd. 15/7/2021 and whereas it was further directed that the private respondents or any persons acting on their behalf were restrained from entering into the subject premises or from attempting to dispossess the present petitioner.