S C MEHTA Vs. AVIRAL KAUSHIK

JUDGEMENT

(1.) LA. No. 11151/06 in O.M.P. 455/2005 This application has been taken off from the file of CCP No. 56/06 and is directed to be placed on the file of this case for disposal.

(2.) Now the application in question. It is under Section 151 of the Code of Civil Procedure with a prayer that as an interim measure the possession of the suit property be delivered to the petitioner by appointing him as the Court Receiver, besides the prayer that the respondent be sent to civil imprisonment and his bank account No. 0715538 with ABN Amro Bank, 15, Barakhamba Road, New Delhi be attached.

(3.) The averments made in the main petition which is under Section 9 of the Arbitration and Conciliation Act, 1996 disclose that the petitioner, S.C. Mehta is the owner of the property No. B-7/107-A, situated at Safdarjung Enclave Extension, New Delhi, it was let out to the respondent for residential-cum-office purposes vide lease deed executed between the parties on 15.2.2003 initially at a monthly rent of Rs. 15,000 for a fixed period of 11 months i.e., upto 15.1.2004. Thereafter, the lease period was extended and the rent was also increased. Those details are not being mentioned in this order as they are not relevant for the purpose of disposing of the present application. Suffice it to say that the respondent defaulted in making payment of monthly rent upon which the petitioner terminated the tenancy and since the lease agreement contained an arbitration clause being clause 17, the present petition has been filed by the petitioner seeking the reliefs, as mentioned above pending reference and adjudication of the disputes by| the Arbitrator for which a separate petition being Arbitration Application No. 81/2006 under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed.