- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO.345 OF 2003 IN ARBITRATION PETITION NO.397 OF 2002 ... Sneh Construction Limited & ors. ..Appellants v/s. Flat India pvt.ltd. & Anr. ..Respondents ... Mr.A.Y.Bookwala i/b M/s.Kunduru & Kunduru for the Appellants. Dr.V.V.Tulzapurkar with Mr.P.Karadi i/b Doijode & Associates for the Respondents. CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 21ST JANUARY, 2009 P.C.: - 2 - 1. By this appeal the Appellants challenge the order passed by the learned single Judge of this court dated 11th December, 2002 in Arbitration Petition No.397 of 2002 in so far as it grants relief in terms of prayer clause B(ii) of Arbitration Petition No.397 of 2002 as against the Appellants. Arbitration Petition No.397 of 2002 was a petition filed under Section 9 of the Arbitration & Conciliation Act, 1996 claiming interim direction from the court. Only Respondent joined was Rahul Udyog Viniyog Limited. However, by prayer clause (B) interim relief was prayed against the Respondent as also against the appellants-companies who were described as its group companies. Prayer clause B(ii) reads as under:- B(ii) Restrain the Respondent and its group companies namely Siddharth Automobiles, Ravi Udyog Pvt.Ltd. and Sneh Constructions Ltd. and its Directors who are mainly the members of the Loyalka family from selling or in any manner disposing of the said properties/assets; 2. The learned single Judge by the order impugned in the appeal has granted interim relief in terms of - 3 - prayer clause B(ii) in its entirety. In other words, the learned single Judge by the order impugned in the Appeal has also issued interim direction against the Appellants when admittedly they were not parties to the Arbitration Petition filed under Section 9 of the Arbitration Act. 3. We have heard the learned Counsel for both sides. It is apparent from the record that the Appellants were not parties to the Arbitration Petition. Obviously, therefore, apart from other consideration the learned single Judge could not have made any direction against the Appellants companies. 4. In this view of the matter, therefore, the order impugned in the appeal is modified and that interim relief granted by the learned single Judge in terms of prayer clause B(ii) shall operate only against the Respondent, excluding the present Appellants. Appeal disposed of. No order as to costs. (D.K.DESHMUKH, J.) (A.A.SAYED, J.)