RADIO RESTAURANT Vs. COURT RECEIVER HIGH COURT BOMBAY

JUDGEMENT

(1.) AS agreed by both the parties and after hearing, this Court by order dated 12 September, 2006, has referred all the disputes and differences to the sole Arbitrator. The matter is pending before the learned Arbitral Tribunal since then.

(2.) THIS Court, in the Suit as a Notice of Motion was taken out by the plaintiffs for appointment of Receiver, after considering the merits, by the same order, appointed the Court Receiver in the following terms.

(3.) HAVING once disposed of both the Suits and merely because the matter is pending before the Arbitral Tribunal that itself is not sufficient to accept the case of the plaintiffs that such Chamber Summons is not maintainable for the simple reason that this Court while appointing the Arbitrator, has appointed the Court Receiver, therefore, the provisions of the CPC read with the High Court Original Side Rules, need to be looked into by everyone including the Court Receiver, the parties and even the Arbitral Tribunal.