TOTAL ENGINEERING INDIA PVT. LTD. Vs. AUBERGINE PROJECTS PVT. LTD., MR. ANTHONY KUNNEL GEORGE AND MR. PARAMESH

JUDGEMENT

(1.) THIS contempt petition is by the applicant in AA No. 7 of 2012 before the court of the Principal District & Sessions Judge at Bangalore [Bangalore Rural District] complaining that ex parte interim order dated 27.03.2012 came to be passed on an application under section 9 of the Arbitration & Conciliation Act, 1996 [for short 'the Act'] read with Order 39 Rule 1 of CPC and it was to remain in force for a period of three months from the date of the order or until commencement of the arbitral proceedings whichever is earlier has been violated by the accused persons, particularly, first Accused by putting up certain construction inspite of the restraint order. Mr. Aditya Sondhi, learned counsel for the complainant has with reference to certain photographs produced to demonstrate the construction has drawn our attention to temporary compound wall that has been put up on the periphery of the property and grievance is that this has been done at the instance of the first accused person and by persons engaged by him etc.

(2.) NOTICE had been issued to the accused and accused Nos. 1 and 2 are represented by Mr. Suraj Govindaraj, learned counsel for M/s. Anup S. Shah Law Firm, Advocates and third accused is represented by Sri. S. Mahesh, learned counsel.

(3.) WE also learn that the petition under section 9 of the Act has been disposed of subsequently and the parties are before the Arbitrator.