LAWS(BOM)-2022-3-161

AJK INVESTMENT PVT. LTD. Vs. ATLAS REFINERY INC

Decided On March 28, 2022
Ajk Investment Pvt. Ltd. Appellant
V/S
Atlas Refinery Inc Respondents

JUDGEMENT

(1.) This is a petition filed under sec. 9 of the Arbitration and Conciliation Act, 1996, whereby the petitioners have approached this Court praying for interim measures pending the arbitral proceedings.

(2.) This petition was initially listed on 8/3/2022. Thereafter it was listed on 23/3/2022 and adjourned for today, to be listed High on Board. It is informed by Mr. Tulzapurkar, learned senior counsel for the petitioners that the respondents from time to time were served with a notice not only effecting service of the present proceedings, but also being intimated of the listing of the proceedings, before the Court even for today. An affidavit of service dtd. 23/3/2022 is also placed on record. Thus, despite notice, the respondents are not represented. In these circumstances, Mr. Tulzapurkar pointing out the urgency, would submit that the petitioners be heard on ad- interim reliefs as prayed for in this petition.

(3.) Additional affidavit dtd. 11/3/2022 as also affidavit of record tendered on behalf of the petitioners is taken on record.