Case Details

M/S Impala Distillery And Brewery Ltd. Vs M/S Viikings Beverages Pvt. Ltd.

Case Details

casenoCase TypeARBA
casenoFiling Number558/2019
casenoRegistration Number9/2019
caseno Filing Date17-05-2019
hearingRegistration Date17-05-2019
hearingFirst Hearing Date17th May 2019
dateDecision Date05th October 2019
casestatusCase StatusCase Disposed
courtCourt Number and Judge1-Principal District Judge & Sessions Judge;
natureNature of DisposalUncontested--Otherwise By Judgment;

Petitioners & Respondents

contactsPetitioner

M/S Impala Distillery And Brewery Ltd., ;

contactsPetitioner Advocate

B. Sardessai;

contacts Respondent Name

M/S Viikings Beverages Pvt. Ltd.;

Order Details

orderdate Order Date17-05-2019 documents

Arbitration Application (Commercial) No.09/2019 ------------------------------------------------------- CNR NO: GASG010009392019 - 26 - ORDER BELOW EXHIBIT 1 ( Delivered on this the 17th day of the month of May of the year 2019) Heard Learned Counsel Shri Sardessai for the applicant, perused the contents of the application filed under Order 9 of the Arbitration and Conciliation Act together with the prayer for interim relief. 2. It is his contention that the beer which is stored in the premises is in the danger of being wasted or contaminated due to rise in temperature and lack of proper refrigeration and absence of ammonia gas. 3. It is contended that ammonia gas brought by the applicant in 10 cylinders having capacity of 500 kgs. was not allowed to be taken inside the factory premises so as to charge in the refrigerators for keeping the temperature in control. 4. Considering the urgency in the matter, the respondent is directed to allow the 10 cylinders of ammonia gas to be taken inside the factory premises so as to charge refrigerators and to maintain the temperature control so as to preserve existing beer. Arbitration Application (Commercial) No.09/2019 ------------------------------------------------------- CNR NO: GASG010009392019 - 27 - 5. By way of ad-interim relief respondent is therefore, directed to allow entry of 10 cylinders of 500 kgs. of ammonia gas brought by the applicant to be charged in the refrigeration system at present. 6. Issue show cause notice to the respondent returnable on 04.06.2019 at 10.00 a.m. Margao. Dated:17.05.2019. ( B.P. Deshpande ) Principal District Judge, South Goa, Margao. Ca/-

Final Order Judgement

orderdateOrder Date05-10-2019 documents
Arbitration Application (Commercial) No.09/2019 ------------------------------------------------------ GASG010009392019 - 28 - ORDER BELOW EXHIBIT 1 ( Delivered on this the 5th day of the month of October of the year 2019) None appeared for the applicant, Learned Advocate Shri J. Ramaiya appeared for the respondent. Matter was kept back and called again however, applicant and their Counsel remained absent. 2. On the last date of hearing i.e. on 07.09.2019, it was reported that Learned Arbitral Tribunal is already constituted as per the order of Hon’ble High Court in the Application for appointment of Arbitrator No.4/2019 dated 14.06.2019. 3. Respondent filed affidavit at exhibit 13 disclosing that the preliminary hearing before the Learned Arbitral Tribunal was fixed on 14.08.2019. 4. Today, Learned Counsel Shri J. Ramaiya for the respondent disclosed that during the preliminary hearing, the schedule was fixed by the Learned Arbitral Tribunal and both the parties were directed to plead the pleadings on or before 11.11.2019 by giving liberty to the parties to approach the Tribunal for filing any application under Section 17 of the Act. Arbitration Application (Commercial) No.09/2019 ------------------------------------------------------ - 29 - 5. The reliefs prayed in the present application are only till the formation of Arbitral Tribunal and therefore, once the Tribunal is constituted, provisions of Section 17 shall apply and as per Section 9(3) of the amended provisions of Arbitration and Conciliation Act, 1996, this Court is precluded from entertaining any application under Section 9(1) of the Act once Arbitral Tribunal is constituted. 6. In view of the above fact, nothing survives in the present application as the Tribunal is already constituted and the parties are free to approach the Learned Arbitral Tribunal under Section 17 of the Act in case of need for interim relief. 7. Having said so, the present application stands disposed of in view of the provisions of Section 9(3) as the same does not survive any more due to constitution of Arbitral Tribunal. Proceedings closed. Margao. Dated:05.10.2019. ( B.P. Deshpande ) Principal District Judge, South Goa, Margao. Ca/-