PODDAR UDYOG LIMITED Vs. LIFETIME REALTY PVT.LTD

JUDGEMENT

(1.) THESE appeals and cross objection are preferred against the common order in O.P.(Arb.)No.24/2011 and I.A.No.778/2011 on the file of the District Judge, Thodupuzha. The 1st respondent in both the appeals and the cross objectioner is the petitioner before the lower court. The appellant in Arb.A.No.54/2011 is the 1st respondent. The appellant in the other appeal is the 2nd respondent, who was subsequently impleaded in the original petition before the lower court. Hereinafter the parties are referred to as they are arrayed before the court below.

(2.) IN contemplation of the arbitration proceedings, the petitioner instituted the above original petition before the court below under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') seeking interim relief against the 1st respondent with a contention that the petitioner and the 1st respondent entered into an agreement, a copy of which was marked as Ext.P2 dated 18.5.2008, in respect of Hope Plantations consisting of three tea estates, namely Glenmary, Koduvakaranam and Landrum comprising plantations, buildings, factories, other erections, fixtures, other movable and immovable properties. In pursuance to the agreement entered into, it is reported that, more than 19 crores of rupees were parted to the 1st respondent by various occasions. At that time, there was a proposal for demerger between the 1st respondent and the 2nd respondent. It is submitted that the agreement was for sale of the estate, factory and other items belonging to the 1st respondent to the petitioner in the event the proposal for demerger had not been materialized. If the process of demerger was materialized as proposed, the agreement would be treated as one for sale of the shares of the 2nd respondent. Though the demerger had taken effect, the respondents had been avoiding the performance of the agreement. The petitioner would contend that it is only because of the laches on the side of the respondents the performance of the agreement could not be effected and following that there arose dispute between the parties. Contending that in the event there arose any dispute, the matter is to be referred to arbitration and that the petitioner had been taking steps for appointment of arbitrator and that in the meanwhile, the 1st respondent had been attempting to commit waste and to alienate the properties and the shares, the petitioner approached the court below as against the 1st respondent alone seeking interim relief to protect the subject matter of the agreement till the dispute is settled in arbitration. Along with the original petition, an interlocutory application was filed seeking an order of ad interim injunction. Having satisfied with a prima facie case, an order of ad interim injunction was ordered against the 1st respondent. Contending that despite the order of ad interim injunction, the respondents had been committing waste and had been attempting to alienate the scheduled properties and the shares, the 2nd respondent was also impleaded. A petition as I.A.No.778/2011 was filed for prosecuting the respondents for violation of the interim injunction. The petitioner also sought for appointing a receiver for the management of the properties.

(3.) ON consent, on the side of the petitioner, Exts.P1 to P13 were marked. On the side of the respondents, Exts.R1 to R16 were marked. Two reports of the Commissioner were marked as Exts.C1 and C2.