NEXT Vs. KOUTONS RETAIL INDIA LTD

JUDGEMENT

(1.) It is not disputed by the learned counsel for the petitioner that the Arbitrator, vide order dated 21.5.2012 has, evidently, closed the proceedings on account of the fact that the respondent herein, who was the original claimant, had not appeared before him. The Arbitrator has recorded that the respondent has abandoned the proceedings.

(2.) Counsel for the petitioner says that, vide order dated 29.11.2011 passed in a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (in short the Act) by respondent, a direction was issued to the effect that the respondent will lift goods worth Rs.1 crore, which were in the custody, at that point in time, of the petitioner. These goods were, admittedly, of the respondent herein.

(3.) In the present petition, which is also a petition under Section 9 of the Act, the prayer made is that a receiver be appointed to lift the goods lying with the petitioner pursuant to the order dated 29.11.2011 passed by this court.