N.N. OJHA Vs. PREM MEHRA

JUDGEMENT

(1.) This is a petition filed under Section 9 of the Arbitration & Conciliation Act, 1996 (in short the Act), whereby an injunction is sought against the respondent. The injunction sought is that the respondent ought to be restrained from creating third party interest and/or disposing of, selling or mortgaging the immovable property situate in revenue village of Satbari, Mehrauli, New Delhi, forming part of Khasra No. 1103, admeasuring 85 bighas (hereafter referred to as the property in issue).

(2.) Notice in this petition was issued on 03.06.2013. The notice was made returnable on 10.06.2013. Despite service, on the returnable date there was no representation on behalf of the respondent. The matter was, however, adjourned to 12.06.2013. On 12.06.2013, once again, there was no representation on behalf of the respondent. Consequently, on 12.06.2013 an order of injunction was passed qua the respondent, whereby he was restrained from disposing of, selling, mortgaging or creating third party interest in the aforementioned property. However, on this very date, the petition was disposed of.

(3.) It is in this background that the pleadings in the matter got completed. The arguments in the petition were heard for the first time on 26.11.2014 and thereafter on 01.12.2014, when the judgement in the matter was reserved.