Amber Properties Pvt. Ltd vs Patwari Developers Pvt. Ltd

Ashis Kumar Chakraborty, J

The Court : In this application under Section 9 of the Arbitration & Conciliation Act, 1996 the petitioner has approached this Court for various interim orders of injunction against the respondent. It is, however, submitted that presently the petitioner prays for an ex parte order for appointment of a Special Officer to visit the property in question, being premises no.25, Waterloo Street, Kolkata-700 069 (hereinafter referred to as "the said premises") situate within the jurisdiction of this Court.

It is the case of the petitioner that in terms of a development agreement dated December 8, 2006 the petitioner engaged the respondent as the developer to develop the said premises by constructing a multi-storied building thereat after demolishing the existing building(s). According to the petitioner, the respondent has failed to perform the said agreement dated December 8, 2006 and it had abandoned the said premises. The petitioner also claims to have terminated development agreement and to have revoked the power of attorney executed in favour of the respondent and/or its nominee. It is further submitted by the petitioner that although the respondent had abandoned the said premises long time back, but recently it is making various attempts to take forceful possession of the said premises. In this regard, learned counsel for the petitioner referred to various documents disclosed in the application.

Considering the averments made and the documents disclosed in the application, I find that for the present moment the petitioner has made out a prima facie case and the balance of convenience also wholly lies in favour of the petitioner for passing an order appointing the Special Officer to visit the said premises no.25, Waterloo Street, Kolkata-700 069 to ascertain whether the petitioner or the respondent is in the possession of the said premises.

Accordingly, Mr. Swarnendu Ghosh, Advocate of Bar Library Club (First Floor) is appointed as the Special Officer to inspect the said premises and ascertain whether the petitioner or the respondent is in possession of the said premises. The Special Officer shall file his report on the returnable date fixed on February 4, 2020.

It is made clear that although the petitioner shall communicate this order to the Special Officer but he will visit and inspect the said premises without notice to either of the parties. The petitioner shall pay an initial remuneration of 2500 GMs to the Special Officer.