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Judgment
Sachin Shankar Magadum, J
The captioned writ petition is filed by the plaintiff feeling aggrieved by the order dated 12.03.2021 passed by the learned LXXXIV Additional City Civil and Sessions Judge, Bengaluru (CCH-85) on I.A.No.1 filed under Order 39 Rule 1 and 2 read with Section 151 of CPC in Com.A.A.No.58/2021, as per Annexure-D wherein the learned Judge while considering the application was not inclined to grant exparte-interim injunction and has ordered emergent notice. It is this order which is under challenge.
On 24.06.2022 learned Senior counsel without arguing on merits made a statement before this Court that this is a fit case where parties can arrive at amicable settlement and therefore, he sought indulgence of this Court to grant some time to enable the parties to resolve the matter amicably. The said statement was taken on record and time was granted to enable the parties to work out amicable settlement. This matter was adjourned on three occasions. However, today learned Senior counsel claims that an offer is made by his client wherein plaintiff/petitioner is willing to purchase the buses involved in the present suit and he is ready to offer the price that is quoted by the buyer. However, learned Senior counsel submits to this Court that his client needs three months time to pay the amount. However, this proposal is not acceptable on instruction.
Be that as it may. Plaintiff is before this Court on account of non consideration of application filed under Section 9 of CPC. Admittedly, an application is filed under Section 9 of the Arbitration and Conciliation Act, seeking immediate relief against respondent/defendant. This Court by order dated 22.04.2021, has restrained the defendant/respondent from alienating the Volvo Buses in question. This interim arrangement has continued till this day. Having regard to the nature of controversy between the parties, all contentious issues have to be dealt by the Trial Court. It is stated across the Bar that the matter is listed before the Trial Court on 26.07.2022. However, learned Senior counsel would submit to this court that his client intends to advance the matter and get it listed on 20.07.2022. If the matter is listed on 20.07.2022 at the instance of plaintiff, then it is open for respondent/defendant to tender objections to the application filed under Section 9 of the Arbitration and Conciliation Act. If the objections are tendered by respondent/defendant, the learned Judge shall decide the application in accordance with law after affording an opportunity to both the parties. The learned Judge shall also explore the possibility of settlement if any, at the instance of both the parties.
With these observations, I pass the following;
ORDER
The writ petition stands disposed of.
The interim order granted by this Court on 22.04.2021, shall be in force only for a period of two weeks.
It is made clear that respondent/defendant will tender objections by 20.07.2022.