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The Delhi HC has permitted the plea of GVK Holdings to approach the Arbitral Tribunal , which has been duly constituted, for any interim relief in relation with the sale of Bid Services Division (Mauritius) Limited’s sale stake in the Mumbai International Airport. The order was passed in an appeal filed by GVK. The Division Bench was constituted by Justices S Muralidhar and Talwant Singh against a Single Bench order made under section 9 of the Arbitration Act. The Single bench had refused to put a restrain on Bid services from offering or selling 13.5% of its shareholding in the Mumbai International Airport Ltd to anyone other than GVK.
The Division Bench dealing with the matter was informed that during the pendency of litigation before the Single Judge Bench, both the parties nominated their respective arbitrators and as per the agreement, a three bench arbitral tribunal had been constituted. The Arbitral Tribunal was to meet for the first time on the 9th of July. In light of the above submissions, the Delhi HC refused to deal with the merits of the appeal made by GVK. It asked the parties to approach the duly constituted Tribunal for interim relief under section 17 of the Arbitration Act. The order states,"In view of the matter while permitting the Appellant and the other parties, if they choose to, to file an application under Section 17 of the Act before the AT for appropriate interim reliefs in accordance with law.”The order also mentioned that the findings of the single judge bench are only prima facie in nature and not binding on the Tribunal.
The court has, thus, refused to give any specific directions in the case.
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