DEEPAK MANAKLAL KATARIYA Vs. ASHOK MOTILAL KATARIYA

JUDGEMENT

(1.) The petitioner is challenging the order dtd. 10/11/2014 passed by the 3rd Joint Civil Judge Senior Division, Nashik, in Civil Miscellaneous Application No. 321 of 2000 filed under Sec. 20 of the Arbitration Act, 1940, wherein it was held that the Court had no jurisdiction to entertain the application.

(2.) The relevant facts for adjudication are as follows. According to the petitioner, on 28/5/1995, an arbitration agreement was executed between the petitioner and respondent No. 1 concerning movable and immovable properties described in the application. The arbitration agreement was purportedly governed by the Arbitration Act, 1940. A dispute arose between the parties in 1994, leading to the appointment of an Arbitrator. The Arbitrator submitted a draft arbitration award on 17/2/1997, which was accepted by the petitioner but refused by respondent No. 1. Consequently, no final arbitration award materialized between the parties, which became the crux of the subsequent litigation.

(3.) On 17/3/1998, the petitioner filed Civil Miscellaneous Application No. 54 of 1998 in the Court of Civil Judge, Senior Division, Nashik, under Sec. 9 of the Arbitration and Conciliation Act, 1996, seeking interim injunction against respondent No. 1. The Trial Court granted a temporary injunction on 7/4/1998.