RATNAM SUDESH IYER Vs. JACKIE KAKUBHAI SHROFF

JUDGEMENT

(1.) By this Interim Application, the Applicant (Original Respondent) in Appeal No.116 of 2021 seeks permission to withdraw the amount of USD 2 Million lying with the HDFC Bank, Churchgate Branch, Mumbai along with the accumulated interest thereof. Mr. Bookwala, the learned Senior Counsel for the Applicant, on the instructions, states that his client is not pressing prayers (b) and (c) of the Interim Application. The statement is accepted.

(2.) The Applicant herein was the original Respondent in the Arbitration claim filed by the Respondent herein (original claimant). The learned Arbitrator made an arbitral award allowing the claims made by the Respondent herein. The learned Single Judge of this Court dismissed the Arbitration Petition filed by the Respondent Mr. Ratnam Sudesh Iyer. He filed Appeal No.116 of 2021 before this Court under Sec. 37 of the Arbitration and Conciliation Act 1996 ( "Act "). By judgment delivered on 20/4/2021, a Division Bench of this Court dismissed the said Appeal No.116 of 2021. Being aggrieved by the said judgment, the Respondent herein filed Special Leave Petition bearing (C) No.11267 of 2021. The said SLP was admitted and was converted into Civil Appeal No.6112 of 2021. By a judgment delivered by the Hon 'ble Supreme Court on 10/11/2021, the said Civil Appeal came to be dismissed with costs.

(3.) While dismissing the said Appeal No.116 of 2021 filed by the Respondent, this Court in clause -b) of para-104 of the Order dtd. 20/4/2021 made it clear that the Respondent (original claimant) shall not be allowed to withdraw a sum of US$ 2 million deposited with the HDFC Bank Limited, Churchgate Branch, Industry House, Mumbai-400 020 for a period of eight weeks from the date of the said order. This Court, however, clarified that the Applicant herein (Respondent in Appeal) would be at liberty to seek appropriate relief in respect of the said amount by filing appropriate proceedings. This Court vacated the interim order passed on 1/2/2021.