GODOLPHINE INDIA PRIVATE LIMITED Vs. UM PROJECTS LLP

JUDGEMENT

(1.) This appeal by the respondent in Com. A.A. No. 247/2021 is directed against the impugned order dtd. 4/3/2022 passed by LXXXIII Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) whereby, the Commercial Court partly allowed the application filed by the respondent herein under Sec. 9 of the Arbitration and Conciliation Act, 1996 (for short A the said Act of 1996') and dismissed the interlocutory application-I.A. No. III filed by the appellant under Sec. 9 of the said Act of 1996.

(2.) The material on record discloses that the respondent entered into a lease deed dtd. 10/6/2020 with the appellant in relation to the schedule premises. The appellant had filed A.A. No. 127/2021 under Sec. 9 of the said Act of 1996 for an interim order/direction restraining the respondent from interfering with the appellant's possession of the schedule property pending disposal of the Arbitration proceedings, which are said to have been initiated by the appellant. In the said A.A. No. 127/2021, the appellant filed an application, I.A. No. 1 for ad-interim order of temporary injunction restraining the respondent from interfering with the appellant's possession and enjoyment of the schedule property during the pendency of the arbitration application. In the said A.A. No. 127/2021, the appellant also filed a memo stating that the appellant was ready to deposit the agreed rent on a monthly basis to the tune of 40% of the rent before the trial court.

(3.) The said A.A. No. 127/2021 and the application, memo etc., filed by the appellant, having been opposed by the respondent, the trial court passed an order dtd. 22/12/2021 restraining the respondent from interfering with the appellant's possession of the schedule property till the next date of hearing i.e.,. 18/1/2022. In this context, it is relevant to state that the said interim order was not extended. Subsequently, under the said order dtd. 22/12/2021 passed in A.A. No. 127/2021, the trial court permitted the appellant to deposit the rent as prayed for in the memo dtd. 21/12/2021.