BELA M.TRIVEDI - (1.) THE present appeal has been filed by the appellant -original non -applicant under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "said Act"), challenging the order dated 9.5.2012 passed by the Addl. District Judge No.9, Jaipur Metropolitan, Jaipur (hereinafter referred to as the "court below") in the Application being No.377 of 2012, whereby the court below imposed the condition on the appellant for depositing Rs.1,25,000/ - for the release of the vehicle in question, and also to pay the monthly installments as agreed upon between the parties.
(2.) It has been sought to be submitted by Learned Counsel Mr. Vivek Chaudhary for the appellant that the appellant had already filed application being No.341 of 2011 under section 9 of the said Act seeking interim protection which application was accepted by the trial court vide the order dated 24.12.2011. However, thereafter an ex parte order was passed by the trial court on 17.3.2012 permitting the respondent to obtain the possession of the vehicle in question through the receiver appointed by the court. According to him, subsequently again the respondent -company moved an application under section 9 of the said Act for interim protection, in which the court vide impugned order dated 9.5.2012 has directed the appellant to deposit Rs.1,25,000/ - for getting the vehicle in question and also to pay the monthly installments as agreed upon between the parties which order is illegal and deserves to be set aside. In the instant case, it has not been denied that the appellant had taken the loan for the purchase of the vehicle in question, but failed to pay the installments thereof. It also appears that in the earlier application being no.341 of 2011 the court below had directed the appellant to pay the outstanding dues upto December, 2011, which was the appellant did not pay. Under the circumstances, the respondent had filed an application under section 9 of the said Act seeking interim protection in which the court has directed the appellant to deposit Rs.1,25,000/ - against the outstanding amount and also to pay the monthly installments for getting the possession of the vehicle. There being no illegality or impropriety in the impugned order of the court below, this Court is not inclined to interfere with the same. The appeal being devoid of merits deserves to be dismissed and is accordingly dismissed.;