Anrruddha Bose, J. - (1.) These two Master's Summons have taken out for examination of the applicants being G.A. No. 3129 and T. No. 291, both of 2005 as pro interesse suo and several other reliefs in connection with in an execution case being EC No.65 of 2005. This execution application has been instituted by Venkateshwar Fiscal Services Pvt. Ltd. ["VFSPL" in short), for enforcement of an award passed against Bagla & Co., a firm and two of its partners. The allegations of the applicants in these two proceedings, being Classic Apartments Pvt. Ltd. and Satyam Shree Projects Pvt. Ltd. are that properties owned by them have been placed under the possession of the Receivers in the execution of an award against the judgement-debtors. The primary reliefs they seek is release of these properties from the execution proceeding and discharge of the Receiver from these properties. The main controversy in the proceeding between VFSPL and Bagla & Co. related to alleged non-payment of certain sum' of money by the latter to VFSPL in connection with certain share transactions. The Arbitrator in that proceeding was one Sunil Kumar Goenka, and he passed the award in favour of VFSPL for a sum of Rs. 23,74,520/- (Rupees twenty-three lac seventy-four thousand five hundred twenty only), along with interest @ 18 per cent per annum from the date of transaction/due date till the date of payment, costs of the reference being Rs. 5,500/- (Rupees five thousand five hundred only). The award specified that if there was default in payment of the sum awarded within three months, the claimant would be entitled to take recourse of law for recovery of the amount. From the copy of the award, I find that the respondents i.e. Bagla & Co. and two of its partners had appeared and contested in the arbitration proceeding.
(2.) This award was put into execution by the VFSPL by instituting the E.C. Case No. 65 of 2005. In column No.9 of the Tabulation sheet of the execution application, which requires specification of the "name of person against who enforcement of the decree is sought," the names of M/s. Bagla & Co., Shri Shree Krishan Bagla and Shri Shravan Kumar Bagla have been indicated, described as respondent Nos. 1, 2 and 3 respectively. In column No. 10 of the same document, in which the applicant is required to describe the mode in which the assistance of the Court is required, the main prayer is for attachment and sale of certain flats which have been described in paragraph 18 and Annexure "D" of the affidavit in support of the Tabular Statement. The specific prayer is for sale of these flats to be effected by the learned Receiver appointed in this matter.
(3.) The learned Receiver was appointed over these flats in course of a proceeding under section 9 of the Arbitration and Conciliation Act, 1996 (the "Act" in short) by the Hon'ble Arbitration Court. The initial direction was for taking symbolic possession, but subsequently the Hon'ble Arbitration Court had directed the learned Receiver to take physical possession, and physical possession of these flats were taken on 26th July, 2005. It appears that subsequent to the filing of the execution application, this Court had passed several directions and the learned Eeceiver continued to be in possession of the flats, as a Receiver of the Executing Court, (being the Interlocutory Court, exercising jurisdiction over execution proceeding). At that point of time, the claim of Classic Apartments Private Limited was that the flat was in their possession, but under lock and key. The case of Satyam Shree Projects Limited is that they obtained possession of the flat on 22nd June, 2002, and arrangement with one ITC Ltd. was being worked out for a leave and license agreement. It is alleged that physical possession of this flat was given to ITC Ltd. on 15th July, 2005.;