Arun Bhansali, J. - (1.) HEARD learned counsel for the parties. This appeal is directed against order dt. 13.09.2013 passed by the trial Court, whereby, the prayer made by the appellant for grant of ad interim relief during the pendency of the application under Sec. 9 of the Arbitration and Conciliation Act, 1996 ('the Act') was declined. While declining the said application, the trial Court granted time to the respondents for filing reply and has fixed 23.09.2013 of the said purpose.
(2.) IN the facts and circumstances of the case, when no reply to the application under Sec. 9 of the Act was filed by the respondent and 23.09.2013 was fixed for the said purpose, and today again, it is submitted by learned counsel for the respondents that on account of certain other pressuring commitments, respondents may not be able to file reply to the application under Sec. 9 of the Act and the fact that the sale/supply at the outlet has been stopped since 01.11.2012, without entering into merits/demerits of the claim and counter claim made by the appellant and the respondents, the ends of justice would meet if, as submitted by learned counsel for the respondent, reply to the application under Sec. 9 of the Act is filed by 27.09.2013 by the respondents and the trial Court is directed to decide the application under Sec. 9 of the Act itself by 04.09.2013 and, in the meanwhile, the possession of the retail outlet is not taken over by the respondent -Corporation. Consequently, in the peculiar facts and circumstances of the present case, it is ordered that the respondents may file their reply to the application under Sec. 9 of the Act by 27.09.2013, the trial Court shall decide the said application on or before 04.10.2013 and the possession of the retail outlet shall not be taken over by the respondent -Corporation till the disposal of the application under Sec. 9 of the Act. Needless to observe that the trial Court shall not be influenced by the observations made by it in the impugned order dt. 12.09.2013 and/or the order passed by this Court today. Writ the above observations, the misc. appeal as well as the stay application stand disposed of.;