VIKAS TELECOM LIMITED Vs. CITICROP FINANCE INDIA LTD.

JUDGEMENT

(1.) THE legality and correctness of the order passed by the IV Addl. City Civil & Sessions Judge, Mayo Hall Unit, Bangalore, in A.A. No. 25008/2011 dated 15.08.2011 is called in question in this appeal. The appellant herein is the respondent No. 1. Respondents 2 to 7 in this appeal are co -respondents with the appellant before the Trial Court. Respondent No. 1 in this appeal was the applicant before the Trial Court. First respondent filed an application under Section 9 of the Arbitration and Conciliation Act, 1996. The said application has been allowed in part and the said order passed by the Trial Court reads as hereunder:

(2.) IN the present appeal, the appellant is aggrieved by the order passed by the Trial Court directing the appellant not to encumber the movable or immovable properties of the appellant -Company.

(3.) DURING the course of arguments, learned counsel Mr. Mandagi, submits that if this Court clarifies whether renewal of lease or grant of lease of the immovable property by the appellant in favour of its tenant, would amount to creation of encumbrance or not.