RAKESH BALA ANEJA Vs. SUSHIL BAJAJ
HIGH COURT OF DELHI
RAKESH BALA ANEJA
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(1.) This Appeal has been filed against the Orders dated March, 17, 2004
passed by the Learned Single Bench in respect of a Petition under Section 9 of
the Arbitration and Conciliation Act, 1996. By means of this Application it
had been prayed that a Receiver be appointed to manage Alka Cinema at Sector-15,
Noida, and further that the Respondents, their servants, agents and assigns be
restrained from interfering with the Management/running of the said Cinema till
the Award in favour of the Petitioner becomes executable. The Objections that
Petitioners have filed against the Award are still pending adjudication.
(2.) By a detailed Order the learned Single Judge has come to the conclusion
that good and sufficient grounds had been made out for the appointment of a
Receiver. However, the learned Single Judge did not consider it appropriate to
appoint either the Petitioner or an Advocate as the Receiver. Instead a
Chartered Accountant had been appointed as a "Local Commissioner to supervise
the accounts of Alka Cinema, Sector-15, Noida, till further Orders and file
monthly statements in this Court on or before 15th of each month. For this
purpose the Chartered Accountant shall have all the rights to take in his
possession the previous books of accounts of the Cinema and instruct the staff
of the Cinema properly for maintaining the accounts".
(3.) The Respondents, both before the learned Single Judge as well as before
us, have not assailed the aforementioned Orders dated March 17, 2004 by
preferring an Appeal. This considerably narrows down the scope of the Appellate
proceedings before us. After detailed arguments the position arrived at is
that the Local Commissioner is allegedly inimical towards the Appellants and is
interfering in the day to day management of the Cinema. By Orders dated
20.11.2006, the Bench comprising Dr.Mukundakam Sharma, (as the Learned Chief
Justice then was) and Hima Kohli, JJ., had stayed the appointment of
the Local Commissioner.;
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