Uttarakhand High Court

WPMS/2889/2021 of MUDGAL CONSTRUCTIONS A PARTNERSHIP FIRM REGISTERED Vs UNION BANK OF INDIA on 31 December 2021

Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No.2889 of 2021 With WPMS No.2899 of 2021 Hon’ble Sharad Kumar Sharma, J. Mr. Shikhar Kacker, Advocate for the petitioners. Mrs. Prabha

|**SL.** **No**|**Date**|**Office Notes, reports,** **orders or proceedings** **or directions and** **Registrar’s order with** **Signatures**|**COURT’S OR JUDGES’S ORDERS**| |---|---|---|---| ||||WPMS No.2889 of 2021 With WPMS No.2899 of 2021 **Hon’ble Sharad Kumar Sharma, J.** Mr. Shikhar Kacker, Advocate for the petitioners. Mrs. Prabha Naithani, Advocate for the respondents in WPMS No.2889 of 2021. Mr. Mahesh Chandra Pant, Advocate for the respondents in WPMS No.2899 of 2021. In these two writ petitions the petitioner has prayed for modifying the order dated 22.12.2021, as it has been passed by the court of learned Additional District Judge (Commercial), Dehradun in Arbitration Case No.110 of 2021 and Arbitration Case No.107 of 2021, respectively praying for a direction for freezing of the account of the respondents. In fact, the proceedings, which were dealt with by the order dated 22.12.2021, were the proceedings, which were held under Section 9 of the Arbitration and Conciliation Act of 1996. On being posed with the question, as to how against the order of 22.12.2021, writ petition would be maintainable, the counsel for the petitioner had sought a modulation of relief to the effect, that an appropriate direction may be issued to the court of learned Additional District Judge (Commercial), who is presently seized with the proceedings, to consider and decide the application under Section 9 of the Arbitration and Conciliation Act of 1996, exclusively in accordance with the law, particularly within the certain specified time period as to be framed by this Court. The respondents who have already put in appearance, would ensure to actively participate in the proceedings before Arbitrator, and the writ petitions are being disposed of with the request to the court of learned Additional District Judge (Commercial) to decide the application preferred by thepetitioner under Section 9 of the Arbitration and|

||||Conciliation Act of 1996, as expeditiously as possible but not later than six months from the date of presentation of certified copy of this order. Subject to the above observations, the writ petitions are disposed of. **(Sharad Kumar Sharma, J.)** 31.12.2021 Arti| |---|---|---|---|

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