GROVER INTERNATIONAL LTD Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) CS(OS) No.1532A/2000 was filed under Sections 14 and 17 of the Arbitration Act, 1940 for filing of the Arbitration Award dated 01.06.2000 in this Court. The Airport Authority of India (AAI) had also filed CS(OS) No.1507A/2000 for filing of the same award in this Court. Upon the award being filed in this Court, AAI vide I.A. No.550/2001 in CS(OS) No.1507A/2000 filed objections to the award. No objections to the award were filed by the petitioner herein M/s Grover International Ltd. (GIL). Both the suits were being taken up together for hearing. Finally vide common judgment dated 28.01.2011 in both the suits, the objections of AAI to the award were allowed and the award to the said extent was set aside; the remaining award was made Rule of the Court.

(2.) AT the time of pronouncement aforesaid on 28.01.2011, it was mentioned by the counsel for GIL that these applications being I.A. No.6619/2008 and I.A. No.8433/2008 both under order XXXIX Rule 2A of CPC & Contempt of Court Act, 1971 in CS(OS) No.1532A/2000 were pending consideration and had not been heard. Thereafter these applications were, from time to time, on request of either of the parties adjourned. Today the counsels have been heard.

(3.) AFTER the Arbitration Award dated 01.06.2000 and filing of CS(OS) No.1507A/2000 and CS(OS) No.1532A/2000 and objections aforesaid by AAI to the award, GIL filed I.A. No.8132/2007 in CS(OS) No.1532A/2000, under Section 18 read with Section 41 of the Arbitration Act, 1940 stating that though its possession of the land was protected vide order dated 08.05.1995 (supra) but AAI had erected steel mesh around the said land and construction activity was being carried out thereon; that AAI had thus illegally encroached upon the said land. GIL thus sought appointment of a Local Commissioner to ascertain the status of the land and injunction restraining AAI from carrying any construction activity on the said land and interfering with GIL's possession thereof.