METAS OF SEVENTH Vs. WOCKHARDT HOSPITALS LIMITED

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order passed by the learned Judge, Commercial Court, Vadodara passed in Commercial CMA No.44 of 2017, by which the learned Judge has allowed the application preferred by the respondent herein - original applicant submitted under section 9 of the Arbitration Act, the original respondent has preferred the present First Appeal.

(2.) At the outset, it is required to be noted that during the pendency and final disposal of the present First Appeal, by detailed order this Court has suspended / stayed the impugned order passed by the learned Judge, Commercial Court. However, by way of interim arrangement, earlier ad-interim order dated 2/11/2017 has been continued and it was clarified that earlier ad-interim order dated 2/11/2017 is not disturbed / stayed at this stage.

(3.) Today when the present appeal is taken up for further hearing, Mr.Mihir Thakore, learned counsel appearing on behalf of the respondent herein - original applicant has submitted that after the interim order was passed by this Court dated 17/11/2017 passed in Civil Application No.15042 of 2017 and as such, after the impugned order dated 17/11/2017 passed by the learned Judge, Commercial Court allowing the application under section 9 of the Arbitration Act, development has taken place and pursuant to one another order passed by this Court, now dispute between the parties is referred to the learned sole Arbitrator who is now seized with the matter. He has also stated at the bar that the application under section 17 before the learned sole Arbitrator shall be filed today.