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Judgment
The Court : On 22.02.2017 I have proceeded on the basis that the said agreement is enforceable agreement and it contains an arbitration clause. On
an earlier occasion the learned Counsel representing the present applicant contended that the said application was cancelled on 26.5.2010 and the said
fact was not disclosed in the petition.
The matter was adjourned in order to enable the said counsel to produce said original cancelled agreement, however, today it is produced before me.
The original agreement shows that the agreement dated 18.10.2006 was cancelled on 26.5.2010 and this fact was never disclosed in the petition, not it
was brought to the notice of Justice I.P. Mukerji that the application was disposed of by confirming the interim order passed by me on 22.2.2017. The
Court has proceeded on the basis that the agreement dated 18.10.2006 was in existence.
It is not in dispute that the said agreement was cancelled, however, copy annexed to the petition shows otherwise. On such consideration, the order
dated 22.2.2017 stands vacated.
Although the respondent might not have appeared before Justice Mukerji but in my view it was incumbent upon the petitioner in AP 105 of 2017 to
bring the said fact to His Lordship and admitted that the same order could not have been confirmed by making suitable alternations as the respondent
never appeared and contested the said proceeding. But in view of the fact that the basis of the order is erroneous the order dated 22.2.2017 is
recalled. The learned Counsel appearing on behalf of the petitioner in AP 105 of 2017 has submitted that an application under Section 11 is pending in
which the new agreement dated 26.5.2010 is admitted. Be that as it may, it is clarified that this order shall not prevent the petitioner in AP 105 of 2017
to apply afresh for the self-same relief.
A photostat copy of the agreement dated 18.10.2006 duly cancelled the agreement on 26.5.2010 is kept with the record.
In view of the aforesaid order the order dated 11.5.2017 stands recalled and it is made clear that the recalling is not on merits but on the ground
mentioned above.
GA 2818 of 2017, GA 1062 of 2017 and GA 2819 of 2017 stand disposed of.