LAWS(DLH)-2004-11-3

PURI CONSTRUCTION LTD Vs. LARSEN AND TOUBRO

Decided On November 30, 2004
PURI CONSTRUCTION LTD Appellant
V/S
LARSEN AND TOUBRO LTD Respondents

JUDGEMENT

(1.) This application on behalf of the petitioners under Section 151, CPC seeks return of the title deeds, sanctioned/structural plans and calculations as well as the entire record of the sales which belong to the petitioners and are lying deposited in the Registry of this Court pursuant to the Order of the learned Single Judge of this Court dated 30th May, 2002, passed in FAO No. 319/01.

(2.) During the pendency of the award on 30th May, 2002, the learned Single Judge of this Court passed the following order:

(3.) The learned Single Judge of this Court thus ordered that the title deeds as well as the sanctioned plans shall not be handed over to any of the parties before the expiry of the 30 days after the passing of the Award so that the party, aggrieved by the Award, may approach the superior. Court for appropriate directions. Thus not only did the order subsist during the pendency of the arbitral proceedings leading to the award but it was also to subsist for a period of 30 days thereafter so as to permit any of the aggrieved party to approach the superior Court for appropriate directions. The title deeds as well as the sanctioned plans accordingly remain deposited in this Court during the pendency of the award and thereafter it is not in dispute that the Award elated 28th December, 2002 is facing objections, i.e., OMP No. 26/03 filed in this Court by the L&T, i.e., the respondent in these proceedings.