A J PUNWANI Vs. S V BHOITA

JUDGEMENT

(1.) On June 12, 1973, the lower Court granted an injunction in favour of the plaintiffs restraining the defendants, and their servants and agents from proceeding with the Arbitration Case No. ABN/1281 of 1972 pending before the Officer appointed to Assist the Registrar until hearing notice and until further orders. This Order is challenged by the defendants-petitioners contending, inter alia that such an order cannot be passed in view of the provisions of section 41(b) of the Specific Relief Act, 1963.

(2.) Mr. I.S. Khemani, the learned Counsel appearing on behalf of the petitioners, submitted that this Court (Kantawala, C.J.) in (Tardeo Air Condition Market v. Satnarayan G. Vyas) 1976 U.C.R. (Bom.) 452 in Civil Revision Application No. 192 of 1974, decided on February 2, 1976, has held that such an order is without jurisdiction. Mr. Khemani also cited another authority of this Court reported in (Udvoy Mandir Premises Co-operative Societies Ltd. v. M/s. Contessa Knit Wear) 76 Bom.L.R. 735.

(3.) It is obvious that the Court should not as a matter of rule, interfere with the proceedings in another Court. If the proceedings are pending before Tribunal or before an Officer on Special Duty under the Maharashtra Co-operative Societies Act, the Small Cause Court should not grant an injunction restraining the parties from proceeding with that matter.