MOUNT DISTILLERIES LTD. Vs. UNITED SPIRITS LTD.

JUDGEMENT

(1.) Heard Mr. A.K Upadhyaya, learned Senior Counsel for the appellant and Ms. Sedenla Bhutia, learned Counsel for the respondent.

(2.) Mr. Upadhyaya submits that this appeal was preferred against the order dated 16.10.2017 of the learned District Judge, Special Division-I Sikkim in Arbitration Case No.02/2017, whereby the learned Judge had returned the petition filed by the present appellant before the said Court under Section 9 of the Arbitration and Conciliation Act, 1996 for filing before the appropriate Court in Bangalore. By the said order, the ex-parte interim injunction granted earlier on 07.07.2017 was also vacated.

(3.) Mr. Upadhyaya submits that subsequently the appellant had filed an application before the Court at Bangalore. Later on, Arbitrator had been appointed and hearing before the Arbitrator was also completed and now the award is only awaited. In that view of the matter, he submits that there is no surviving cause of action in the appeal and the appeal has rendered itself infructuous.