KHAGENDRA NATH MANDAL & ORS. Vs vs DHRUBATOSH CHOWDHURY & ORS.

The Court : This is an application under Section 9 of the Arbitration and Conciliation Act, 1996 after publication of the award by the Arbitrator.

One of the points involved in this application is whether the seat of arbitral proceeding exclusively decides the jurisdiction of the Court to entertain any

application after publication of the award. The decision on such issue is depending upon the result of a matter pending before the Division Bench of

this Court.

Having considered the facts of the case it appears that during the pendency of the arbitral proceeding before the arbitral tribunal the present

respondents have already transferred the shares of the cold storage in question in favour of third parties. Now the petitioners apprehend that the

respondents may also transfer the immovable properties mentioned in paragraph 14 of this application in favour of third parties and render the

petitioners’ pending applications under Section 34 of the Act of 1996 infructuous. It is not the case of the respondents that they are not going to

transfer the properties mentioned by the petitioner in paragraph 14 of the application. It is the duty of the Court to protect the interest of the parties

during pendency of this application under Section 9 of the Act of 1996.

Accordingly, there shall be an order of injunction in terms of prayer (c) relating to the properties mentioned in paragraph 14 till the disposal of this

application.

 The respondents are directed to file their affidavit in opposition to this application within three weeks from date; reply thereto, if any, be filed two

weeks after reopening of the Court after Summer vacation.

Let this application appear in the monthly list of July, 2018 as ‘Adjourned Motion (Section 9)’.