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TMI Blog2024 (8) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... . Since the crime had been registered before the jurisdictional police, an application is moved on 17-10-2023. The concerned Court was on vacation and the vacation Court was holding the proceedings. On the same day, the matter is taken up in the afternoon. By then, the petitioner files its objections to I.A. Nos. 1 and 2. The matter is heard at length by the concerned Court and an order is passed on 18-10-2023 after considering the objections so filed. Therefore, it is not a case where the matter was not heard. Taking of possession by the petitioner in the manner in which it is projected requires further evidence before the concerned Court. The award of the Arbitrator is stayed subject to the condition that the respondent herein shall furnish security deposit covering 5% of the entire amount of award and temporary injunction restraining the petitioner from disturbing peaceful possession of the respondent. Submissions are made by the petitioner that the concerned Court in a mortal hurry took up the matter and passed the aforesaid order and, therefore, this Court should declare the said order to be inspiring no confidence of this Court - petition dismissed. - Maheshan Nagaprasanna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aint restraining the petitioner from interring with its peaceful possession of the schedule property. 5. On 13-10-2023 the concerned Court did not pass any interim order, but records a finding that there was no urgency in the matter and adjourns the matter to 04-11-2023 for filing of written statement and objections to the applications filed by the petitioner. On 14-10-2023, the next day, the respondent and its sub-lessee are said to have forcibly entered the scheduled property upon which a crime comes to be registered by the petitioner on 16-10-2023 in Crime No. 413 of 2023 alleging offences punishable under Sections 149, 323 and 448 of the IPC. After registration of crime, the respondent files an advancement application on 17-10-2023 before the concerned Court. The matter is advanced from 04-11-2023, heard on 17-10-2023 itself and the impugned order comes to be passed on 18-10-2023. It is this order that has driven the petitioner to this Court in the subject petition. 6. The learned counsel appearing for the petitioner would vehemently contend that the concerned Court on 13-10-2023 observes that there was no urgency in the matter and adjourns the matter to 04-11-2023 for filing o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the respondent as land lord and tenant is also not in dispute. The dispute having arisen between the two is also not in dispute. The dispute is with regard to non-payment of rent. In terms of the agreement, the matter reaches the table of the Arbitrator in A.C. No. 207 of 2022. Arbitration proceedings go on and the learned Arbitrator by his order dated 09-10-2023 allows the claim of the petitioner/land lord and directs recovery of a sum of qwertyuip 2.60 crores along with the amount of GST, interest and other expenses as detailed in the award. The award of the Arbitrator is as follows: AWARD (i) Claim petition is allowed in part as follows:- (a)The claimant shall handover the vacant possession of the schedule premises to the respondent on or before 31-12-2023 (31st December, 2023). (b) The respondent is entitled to recover a sum of ` 2.60 crores (Rupees two crores sixty lakh only) with corresponding GST of ` 46,80,000/- (Rupees forty six lakh eighty thousand) with interest at 18% per annum on ` 3,06,80,000/- (Rupees three crores six lakh eighty thousand only) from 04-11-2021 the date on which the respondent had made a demand vide Ex.P29 till realization. (c) The respondent is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterlocutory applications viz., I.A. Nos. 1 2 were seeking stay of the award of the Arbitrator and restraining the petitioner from interfering with the property. The matter was at large before the concerned Court. Two days prior to the aforesaid order, a mail is communicated by the petitioner to the respondent. The mail so communicated reads as follows: Dear Affan, Your security guards stationed at our property handed over to us the keys of the Leased Premises on the evening of 11th October, 2023. We have accepted the same. Accordingly, we confirm delivery of vacant possession of the Leased Premises by Godolphin India Private Limited to us. The communication is that security guards of the respondent have handed over keys of the leased premises on the evening of 11-10-2023 and the petitioner has accepted the same. The petitioner confirms delivery of vacant possession of the leased premises to it. There is no termination of lease executed even or accepted by the respondent. The matter is at large before the concerned Court. The petitioner claims to have taken the keys from security guards and get into the property. Altercations between the two happened on 14-10-2023. It is then the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ER I.A. No. 1 filed by the petitioner under Section 36(3) of the Arbitration and Conciliation Act R/w Section 151 of C.P.C. to stay the operation and execution of the Arbitral Award passed in A.C. No. 207 of 2022 passed by the Hon'ble Arbitrator-2nd respondent is stayed till further orders subject to the following conditions: 1. The petitioner shall furnish Security deposit covering to an extent of 5% of the entire amount in the award passed by the Arbitral Tribunal in A.C. No. 207 of 2022 dated 09-10-2023 within 5 weeks from the date of this order. I.A. No. 2 under Order 39 Rules 1 and 2 is hereby allowed. The respondent No. 1 is restrained by way of Temporary Injunction from disturbing the peaceful possession and enjoyment of the petitioner till further orders passed by the regular Court. Under the circumstances there is no order as to costs. What is allowed is application Nos. 1 and 2. The award of the Arbitrator is stayed subject to the condition that the respondent herein shall furnish security deposit covering 5% of the entire amount of award and temporary injunction restraining the petitioner from disturbing peaceful possession of the respondent. Submissions are made by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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