- (1.) THIS petition has been filed with the following prayers:- "i)By issuing an appropriate writ, order or direction, the respondent no.2 may kindly be directed not to sell the said vehicle L&T Case 770 Bahchoe Loader bearing registration No. RJ08-EA-0133 to any other person and not to alienate the aforesaid vehicle. ii)By issuing an appropriate writ, order or direction, the respondent no.1 may be directed to settle the matter by recalling any order which has been passed without giving an opportunity to the petitioner as being evident from the documents on the face of record. iii)By issuing an appropriate writ, order or direction, the respondent no.2 may further be directed to hand over the vehicle to the petitioner. iv)Any other order which this Hon'ble Court deemed just and proper in the facts and circumstances of the case may be passed in favour of the petitioner.
(2.) I have heard the learned counsel for the petitioner and perused the writ petition. In the course of submissions, counsel for the petitioner has stated that the notice received by the petitioner from the court of District and Session Judge, Jaipur Metropolitan, Jaipur in respect of an application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred in short 'the Act of 1996'), was wholly vague, as it indicated neither the date nor the time of the hearing of the application under Section 9 of the Act of 1996. Counsel submits that taking advantage of the vague summons issued to the petitioner and wrongly treating service on the petitioners complete, the court proceeded on the application filed under Section 9 of the Act of 1996 and passed an ex-parte order against the petitioners, consequent whereto the vehicle (Construction Equipment Machine L&T 770 Bahchoe Loader) has been taken possession of by the respondent no.2. Counsel has submitted that in spite of best efforts, the order passed by the court of Additional District and Session Judge, No.6, Jaipur Metropolitan, Jaipur has not been made available to the petitioners.
(3.) HAVING considered the submissions made by the learned counsel for the petitioner, I am of the considered opinion that the writ petition is absolutely without merit. Order admittedly has been passed under Section 9 of the Act of 1996 by the court of Additional Session Judge, No.6, Jaipur Metropolitan, Jaipur, which is an appealable order under Section 37 of the Act of 1996. The petitioners have an alternative and efficacious alternative remedy where he can agitate his case as set up before this Court and also on any additional ground deemed fit. In view of above, the writ petition stands dismissed.;