SANJIT SINGH SALWAN Vs. SARDAR INDERJIT SINGH SALWAN

JUDGEMENT

(1.) Challenge in this appeal under Sec. 37 of Arbitration and Conciliation Act, 1996 (in short A and C Act, 1996) is an order dtd. 24/5/2024 of the Commercial Court, Court No-II, Meerut in Arbitration Suit No. 25 of 2023 (Sanjit Singh Salwan and Others v. Sardar Inderjit Salwan and Others) whereby the application for interim relief filed by the appellants under Sec. 9 of the A and C Act, 1996 was rejected.

(2.) Briefly stated facts sans unnecessary details are that there happens to be a Trust by the name of Guru Tegh Bahadur Charitable Trust having its registered office at 227, West End Road, Meerut Cantt, Meerut (in short 'Trust') engaged in charitable activities since 1970. The said Trust also manages an institution by the name of Guru Tegh Bahadur Public School in Meerut, which according to the appellants has a strength of all most 1700 students who are being imparted education from Ist to XIIth classes. The Trust has original Trust Deed dtd. 15/10/1979 which stood amended in the year 2019. The appellants and the respondents claim to be the Trustees. Certain dispute arose between the Trustees with regard to membership and administration of the school which occasioned filing of Original Suit No. 227 of 2022 by the respondents herein (Guru Tegh Bahadur Public School and Others v. Sardar Sanjit Singh Salwan and Others) before the Court of Civil Judge (Senior Division), Meerut seeking injunction against the appellants from interfering in the management and operation of the School by the respondents herein.

(3.) On contest the said suit came to be dismissed on 13/4/2022 on an application preferred the Appellant Nos. 1, 2 and 3 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (in short CPC) against which the respondents herein preferred Civil Appeal No. 16 of 2022 (Guru Tegh Bahadur Public School and Others v. Sardar Sanjit Singh Salwan and Others) before District Court, Meerut. It is further claimed that during the pendency of the appeal before the District Judge, Meerut, the parties took recourse to arbitration and one Sri Vipin Sodhi, an advocate at Meerut was appointed as sole arbitrator. Accordingly, an application was preferred on 7/7/2022 in the proceedings in Appeal No. 16 of 2022 in the Court of District Judge, Meerut with a prayer that since the sole arbitrator has entered into the reference and proceedings are going on, thus, the appeal be decided making it dependent upon the final award to be passed by the sole arbitrator.