BIMLA DEVI VIJAN Vs. CHANDRAPRAKASH VIJAN

JUDGEMENT

(1.) THE Petitioners being partner of a firm governed by partnership deed dated 20 November 1995, as dispute arose, referred the matter to the Arbitral Tribunal. THE same is pending for crossexamination. However, filed Section 9 Petition under the Arbitration and Conciliation Act, 1996 (for short, "the Arbitration Act") for the following relief:

(2.) THIS Court on 6 October 2010, in earlier Petition No. 1229 of 2010 appointed the Receiver of the partnership firm Hind Automobiles (Dongri) and of the assets and properties more described in the schedule, with further direction to take formal possession and to appoint an agent in the usual manner. The liberty was granted to the parties for the agency of the Court Receiver. The order remained affirmed even in the Appeal. The Receiver took formal possession of the properties. The meetings were fixed by the Receiver. The Respondent gave highest offer. Therefore, appointed as an agent of the Court, in respect of the Suit business (the Petrol Pump), the agency agreement has been executed accordingly. The Respondent from April 2011 has been depositing the royalty. The amount lying with the Receiver in that account is to the tune of about Rs.9,00,000/.

(3.) THE authorities cited by the counsel in no way supports the case basically on the facts and circumstances so referred above. THE power and award of the Receiver and/or the Court, in a given case, may be invoked for appropriate relief and/or order. But, considering the final stage of the Arbitration Proceedings and as there is no order and/or such application moved and/or decided by the Arbitrator, the present Petition so filed for the amount, subject to adjudication, in my view, at this stage, cannot be entertained. However, the liberty is granted to the Petitioners to take out appropriate application before the Arbitral Tribunal or the Court in the changed circumstances.