RIDDHI SIDDHI INFRAPROJECT PVT. LTD. Vs. ANIL INDUSTRIES

JUDGEMENT

(1.) Instant appeal which has been preferred under Sec. 13 of the Commercial Courts Act, 2015, calls in question, the order dtd. 24/1/2024, passed by the learned Commercial Court, Bhilwara, whereby the appellant's request for extending the interim order dtd. 10/10/2023 was refused.

(2.) The facts precisely narrated are that the appellant had moved an application dtd. 19/9/2023 under Sec. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act of 1996") with assertion that in relation to an agreement dtd. 10/12/2009, a dispute has arisen between the parties and as per clause 31 of the said agreement which was to be resolved by way of arbitration. And accordingly, invoking clause 31, the appellant appointed Mr. Satyanarayan Derashri as an Arbitrator and initiated the proceedings as required. But as the respondent is not taking any interest, the proceedings in terms of clause 31 and decision by way of Arbitration is likely to take some time. It was thus, prayed that until the dispute is resolved by the Arbitrator and award is passed, by way of interim measure the respondent be restrained from alienating the property or from raising construction on the disputed land and also be directed to maintain status quo.

(3.) Pursuant to the application aforesaid, the Commercial Court passed an order dtd. 10/10/2023 and directed the parties to maintain status quo in relation to the land (Khasra Nos.3021, 3022, 3023 of Tehsil Bhilwara) in dispute.