P Rahul v. The Administrator And 2 Others

in O.P.No.230 of 2024 K.KUMARESH BABU, J.

The present Application had been filed for granting of interim injunction restraining the respondents, their men, agents, servants or any person or persons acting on their behalf or under them in any manner whatsoever from dispossessing or interfering with my peaceful possession and enjoyment of the leased land, more fully described in the schedule to the judge's summons, pending the arbitral proceedings being initiated in seeking the respondents' consent for appointment of a sole Arbitrator and completion of the same.

2. Originally this Court had granted an order of interim injunction by its order dated 06.03.2024, which has been time and again extended periodically till today. Considering the fact that this Court in Arb.O.P.(Com.Div)No.230 of 2024, had appointed Hon'ble Mr.Justice N.Authinathan, as an Arbitrator to enter upon the reference for resolving of the dispute between the parties, I am of the view that the present prayer in this Application could also be taken before the learned Arbitrator. In such an event, I am inclined to direct the applicant to take out the application under Section 17 of the Arbitration and Conciliation Act, within two weeks from the date the learned Arbitrator entering the reference. If no such application is taken within the aforesaid period of two weeks, then the present order of interim injunction shall stand

lapsed. If such an application is made, the learned Arbitrator is requested to take endeavour to dispose of such application as expeditiously as possible. However, not later than six weeks from the said date. The said order of injunction shall stand operative till the expiry of six weeks as mentioned above and it is for the Arbitrator to decide as to whether the said injunction is required to be extended or not.

3. With the aforesaid observations, this Application is disposed of. 27.08.2024 Pbn

K.KUMARESH BABU, J.

pbn in O.P.No.230 of 2024 27.08.2024