SOUMEN SEN, J. - (1.) THE plaintiff has filed this application for injunction restraining the respondent No.1 being the custodian appointed under the award from handing over possession of various documents to the respondent No.2 till discharge by the respondent No.2 and/or their Group of all their obligations under the award dated 3rd January, 2013 to the petitioners and/or to their Group in satisfaction of the petitioners.
(2.) A preliminary point is taken with regard to the maintainability of the suit.
(3.) MR . Pratap Chatterjee, learned Senior Counsel appearing with Mr. Abhrajit Mitra, learned Senior Counsel submitted that the plaintiff has instituted the suit without availing remedy under the Arbitration and Conciliation Act, 1996. It is submitted that the custodian is a creature of the award and if the plaintiff is having any grievance against the custodian or with regard to the enforcement of the said award the remedy lies not in filing the suit but by taking appropriate steps under the provisions of the Arbitration and Conciliation Act or by levying an execution proceeding. Mr. Chatterjee has referred to the various paragraphs of the plaint and submits that the said paragraphs would clearly show that pith and substance of the suit is enforcement of an award. The addition of defendant No.1 who has appointed as a custodian under the award is of no consequence. The plaintiffs did not challenge the award and, in fact, had accepted the said award. The suit has been instituted in an attempt to reopen the said award which has now become enforceable.;