SURESH KUMAR JAIN Vs. MADANLAL JAIN

JUDGEMENT

(1.) This is an application for review of an order dated 30 July, 2018 whereby a co- ordinate Bench of this Court, of which one of us was a member (Arijit Banerjee, J.) disposed of APO 202 of 2017 along with the connected application. The material facts of the case culminating in the present review application are as follows.

(2.) In an arbitration proceeding between the parties hereto a consent award dated 3 January, 2013 was passed in terms of the settlement arrived at between the parties as recorded in a document dated 1 January, 2013. The said award was put in execution by both the groups (Suresh Kumar Jain Group and Hulash Chand Jain Group) resulting in institution of two execution cases before the learned Single Judge being EC No. 144 of 2016 (Hulash Chand Jain and Ors. vs. Suresh Kumar Jain and Ors.) and EC No. 873 of 2015 (Suresh Kumar Jain and Ors. -vs- Madanlal Jain and Ors.). The said execution cases were heard from time to time by the learned Single Judge. On 4 March, 2016 on the prayer made on behalf of the petitioners in EC No. 144 of 2016 the learned Judge directed by way of an interim order, inter alia, that the custodian appointed under the Arbitral Award shall not part with the documents that he was holding till March 11, 2016 or until further orders. The execution applications were posted for hearing on 11 March, 2016. On that date an order was passed by the learned Single Judge extending the interim order dated 4 March, 2016.

(3.) Being aggrieved by the said orders dated 4 March 2016 and 11 March, 2016 the petitioners in EC No. 873 of 2015 (Suresh Kumar Jain and Ors.) preferred an appeal being APOT No. 81 of 2016 and filed a stay application therein being GA No. 862 of 2016. The said appeal and the application were heard by the Division Bench from time to time and various orders were passed thereon.