GODOLPHINE INDIA PRIVATE LIMITED Vs. UM PROJECTS LLP

JUDGEMENT

(1.) The captioned writ petition is filed by the judgment debtor feeling aggrieved by order dtd. 22/4/2022 passed by Executing Court thereby attaching the Bank Account of the petitioner to an extent of Rs.97,58,580.00.

(2.) The respondent-decree holder filed an application under Sec. 9 of Arbitration and conciliation Act, 1996 (for short "Act, 1996") before the Commercial Court seeking a direction against the present petitioner to pay outstanding rent and maintenance charges amounting to Rs.1,93,41,675.00. The said application was contested by the petitioner herein and the Commercial Court by order dtd. 4/3/2022 allowed the application.

(3.) Feeling aggrieved by the said order, the petitioner herein preferred a Commercial Appeal in Commercial Appeal No.140/2022. The Division Bench of this Court declined to entertain the grounds urged in the appeal and consequently, dismissed the appeal and confirmed the order passed by the Commercial Court passed under Sec. 9 of the Act, 1996. The Division Bench of this Court has also observed in its order that the liability of the petitioner to pay admitted rent in terms of the lease deed dtd. 10/6/2020 has no nexus or connection whatsoever to the permission granted by the Commercial Court to the present petitioner to deposit 40% of the monthly sums pending adjudication in AA.127/2021.