G.C. Gupta, J. - (1.) This is a petition under Sec. 9 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as the said act) praying for appointment of a receiver in order to take possession of the assets being the subject -matter of the arbitration agreement with a direction upon him to make over the same to the petitioner or to sell the same; an order of injunction restraining the respondents from dealing with or disposing of the assets being subject -matter of arbitration has also been prayed for. There are two respondents. Both of them are in the state of Haryana. Leave under Clause 12 of the Letters Patent has been prayed for on the basis that part of the cause of action arose within the territorial jurisdiction of this Court.
(2.) Mr. Banerjee, learned Advocate appearing for the petitioner moved the petition on 20th November 2009 and prayed for leave under Clause 12 of the Letters Patent when the following order was passed: The petitioner is granted liberty to file a supplementary affidavit disclosing all records which he may have pursuant to the transaction which is the subject matter of this petition. The matter may be listed for hearing on December 4, 2009.
(3.) Supplementary affidavit disclosing the records, as directed, was not however filed. On the contrary on 4th December 2009 submission was made that leave under Clause 12 was strictly speaking not necessary. The following order was passed: This is an application under Sec. 9 of the Arbitration and Conciliation Act, 1996. The respondents are all in the State of Haryana. The learned Advocate appearing in support of this application submitted that no leave under Clause 12 of the Letters Patent is required. He in support of his submission relied on a Division Bench judgment in the case of Dynasty Developers Private Limited v/s. Jumbo World Holdings Limited reported in, 2008(2) Arb.L.R. 249. In the alternative, he submitted that leave under Clause 12 should be granted on the basis of - a) the allegation contained in paragraph 54 of the petition. In order to consider the prayer for grant of leave under Clause 12 of the Letters Patent, the petitioner is directed to disclose all documents which he may have in his possession relating to this transaction including correspondence which may have been exchanged between the parties, by way of supplementary affidavit, in order to facilitate the consideration of the question pertaining to the leave under Clause 12, let this matter be listed on December 7, 2009 marked "For Orders".;