9911796707
TMI Blog2024 (6) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... ent between the respondent and the renters. Hence, any amount which the respondent collected as part of the GST component from the renter/s would be the petitioner s entitlement in terms of the two Assignment Agreements. Proper forum to decide the amounts which the petitioner is entitled to - HELD THAT:- The arbitral tribunal will be the proper forum to decide the amounts which the petitioner is entitled to in terms of these Agreements and also adjudicate on any construction of the clauses of the Agreements which the respondent seeks to argue before this Court. Till that adjudication is done, the Court is inclined to grant a limited protection to the petitioner in the form of a restraint on the respondent from dealing with the Escrow Accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the GST was thereafter to be deposited in a separate account for the use and benefit of the petitioner in terms of both the Agreements. 4. The petitioner s claim and cause of action solely centres on the GST component which the respondent was to give to the petitioner. 5. The contested issues were decided in a judgment passed by this Court in a series of applications filed by the petitioner covering the same points of adjudication. The judgment is dated 9th August, 2023 whereby the arbitration petitions were disposed of by directing the respondent not to transfer or deal with the amounts in the Escrow Accounts maintained with the respondent till formation of the arbitral tribunal and until the parties can approach the tribunal under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the formation of the arbitral tribunal and until the parties can approach the tribunal for continuing the interim protection or otherwise under Section 17 of the 1996 Act. The interim order shall remain in place for a period of six weeks or until the parties approach the tribunal for appropriate relief, whichever is earlier. 9. AP-COM/408/2024 is accordingly allowed and disposed of in terms of the above. 10. Since Counsel agree that an Arbitrator can be appointed in this proceeding itself, Ms. Chama Mukherjee, Counsel is appointed to act as the Arbitrator subject to the learned Arbitrator communicating her consent in the prescribed format to the Registrar, Original Side of this Court within three weeks from date. 11. The petitioner s advo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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