The Nilgiri Dairy Farm Pvt Ltd. Vs. M/S.Golden Bird Retaril Enterprises, and ors. - Court Judgment

Excerpt:
[k.l. manjunath,;b.manohar,jj.]this m pa filed under section 37(1) (a) of the arbitration and conciliation act, against the order dated:21.08.2010, passed on i a.no.2 in a.a. no.733/2010 on the file of the city civil .judge (arbitral court), bangalore, issuing notice on i.a.no.2 filed u/s 9 of arbitration and conciliation act r/w order 39 rule 1 and 2 & sec. 151 of cpc, for this appeal coming on for admission this day, manjunath j, delivered the following;1.this appeal is filed by the appellant being aggrieved by the order passed on la,no. 1 to 4 in arbitration application 733/10 on the file of the city civil judge arbitral court, court hall no. 11, bangalore.2. the appellant instituted the aforesaid suit before the trial court and he filed 4 applications for grant of ad-interim order of injunction under the provisions of sec.9 of the arbitration & conciliation act r/w order 39 rule 1 and 2 opc. these applications for giant of interim order was passed before the court on 21.8.2010. the learned .judge after hearing the appellant's counsel has ordered emergent notice returnable by 20th september 2010.3.the present appeal is filed being not satisfied with the orders issuing emergent notice by the learned judge.4.we have heard mr. udaya holla, the learned senior counsel appealing for the appellant. his grievance before us are two fold. according to him, the trial court should have considered the interim prayer and granted ad-interim order- of injunction as sought for or in the alternative the trial court should have ordered emergent notice returnable within a short period and if the case is adjourned by one month, the very purpose filing the interlocutory applications seeking ad-interim order of injunction would he defeated. therefore, the present appeal is filed.5. having heard the counsel for the parties, we are of the opinion that whenever trial court passes an order ordering emergent notice normally a. long period shall not be given considering the nature of urgency in the matter and considering the nature of prayer on the applications filed by a party. in such circumstances, normally it shall giant a weeks time or 10 days. considering the fact a months time is granted, we are of the opinion that in the interest of both the parties by dispensing with, other side, we can dispose of this appeal granting permission for the appellant to move the learned judge to advance the case and ordering emergent notice returnable within a reasonable time.6. with the above observation, the appeal is disposed of.