Bombay High Court
SHRI. ASHOK MOTIRAM KHIANIversusMR. METHARAM RIJHURNAL KHIANI DELETED SINCE EXPIRED ON 23.02.2019) AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The Court refused to grant the interim relief and ordered the appeal to be listed for hearing on 16 October 2026.
Summary
The applicant, Shri Ashok Motiram Khiani, filed an interim application in First Appeal No. 128 of 2020 seeking interim relief. The Court, after hearing, expressed disinclination to grant the relief, citing the earlier order dated 30 June 2025 in Interim Application (L) No. 14725 of 2025 in Commercial Arbitration Petition (L) No. 1069 of 2019 and a Supreme Court order dated 6 February 2026. The applicant’s counsel, instead of pressing the interim relief, requested that the appeal be listed for a substantive hearing. The Court accordingly refused the interim relief and directed that the First Appeal be listed for hearing on 16 October 2026. The order was pronounced by Justice Arif S. Doctor.
Issues considered
- Whether the interim relief sought by the applicant should be granted in view of the prior arbitration order and the Supreme Court judgment.
Subjects
- interim relief
- arbitration
- appeal listing
- High Court
- Supreme Court order
Judgment
1/1 19-IA-11224-2025 (C).DOC
Digitally
signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHAMMAD
MOHAMMAD AREEB
AREEB
MOHD
MOHD
AKBAR
CIVIL APPELLATE JURISDICTION
AKBAR Date:
2026.09.24
10:35:22
+0530
INTERIM APPLICATION NO. 11224 OF 2025
IN
FIRST APPEAL NO. 128 OF 2020
Shri. Ashok Motiram Khiani ...Applicant
In the matter between:
Shri. Ashok Motiram Khiani & Ors. ...Appellants
Versus
Mr. Metharam Rijhurnal Khiani Deleted And Ors. ...Respondents
_______
Mr. Ramesh Soni, Mr. Archit J. i/b Jayakar & Partners for the Appellant.
Mr. Karl Tamboly a/w Ms. Kausar Banatwala i/b Tushar Goradia for Respondent
Nos. 4, 6 and 7.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 22nd SEPTEMBER, 2026
P.C.
1. After this Interim Application was argued at some length and I expressed
my disinclination to grant interim relief as prayed for particularly in light of the
Order dated 30th June, 2025 passed in Interim Application (L) No. 14725 of
2025 in Commercial Arbitration Petition (L) No. 1069 of 2019 and the Order of
the Hon’ble Supreme Court dated 6 th February, 2026. Mr. Soni did not press the
Interim Application, but requested the Court to list the First Appeal for hearing.
2. List the First Appeal on 16th October, 2026 for hearing.
[ARIF S. DOCTOR, J.]
Areeb
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