w w w . L a w y e r S e r v i c e s . i n



M. Chelladurai & Others v/s Jumbo world Holdings Limited, SeaMeadow House, Blackburne Highway, British Virgin Islands & Others


Company & Directors' Information:- BRITISH INDIA CORPORATION LIMITED [Active] CIN = U17117UP1920GOI000162

Company & Directors' Information:- A V S R HOLDINGS PRIVATE LIMITED [Active] CIN = U67120TG2005PTC045117

Company & Directors' Information:- S R HOLDINGS LIMITED [Active] CIN = U65993TN1988PLC083659

Company & Directors' Information:- S R HOLDINGS PRIVATE LIMITED [Active] CIN = U65993TN1988PTC083659

Company & Directors' Information:- A B HOLDINGS PRIVATE LIMITED [Active] CIN = U70102KA2006PTC040894

Company & Directors' Information:- S K A HOLDINGS LIMITED [Active] CIN = U65993DL1981PLC012592

Company & Directors' Information:- S K A HOLDINGS LIMITED [Active] CIN = L65993DL1981PLC012592

Company & Directors' Information:- G J HOLDINGS PRIVATE LIMITED [Active] CIN = U51100DL2004PTC126687

Company & Directors' Information:- G J HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL2004PTC126687

Company & Directors' Information:- P P HOLDINGS LTD [Active] CIN = U65993PN1981PLC025916

Company & Directors' Information:- G S D HOLDINGS PVT LTD [Strike Off] CIN = U70109WB1990PTC048518

Company & Directors' Information:- S T HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1979PTC021588

Company & Directors' Information:- M C HOLDINGS PRIVATE LIMITED [Active] CIN = U67190DL2009PTC190957

Company & Directors' Information:- J S K HOLDINGS PVT LTD [Active] CIN = U67120WB1994PTC065660

Company & Directors' Information:- P R HOLDINGS LIMITED [Active] CIN = L27310AS1983PLC007154

Company & Directors' Information:- P R HOLDINGS LIMITED [Active] CIN = L27310DL1983PLC314402

Company & Directors' Information:- G R A HOLDINGS PVT LTD [Active] CIN = U70101WB1992PTC055865

Company & Directors' Information:- B S S HOLDINGS PVT LTD [Active] CIN = U67120WB1992PTC056874

Company & Directors' Information:- H M HOLDINGS PRIVATE LIMITED [Active] CIN = U65993ML2005PTC007956

Company & Directors' Information:- S M H HOLDINGS PRIVATE LIMITED [Active] CIN = U65993TG2006PTC049309

Company & Directors' Information:- M M HOLDINGS PVT LTD [Active] CIN = U70109WB1993PTC058147

Company & Directors' Information:- D J HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1992PTC067448

Company & Directors' Information:- R S M P HOLDINGS PRIVATE LIMITED [Active] CIN = U67190MH1995PTC088443

Company & Directors' Information:- V A G HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057817

Company & Directors' Information:- K E HOLDINGS PRIVATE LIMITED [Active] CIN = U70101TN2013PTC089953

Company & Directors' Information:- K C HOLDINGS PRIVATE LIMITED [Active] CIN = U65990MH1981PTC024688

Company & Directors' Information:- A TO Z HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028294

Company & Directors' Information:- V R HOLDINGS PRIVATE LIMITED [Active] CIN = U70102KA2009PTC051724

Company & Directors' Information:- J B HOLDINGS LIMITED [Strike Off] CIN = U91110ML1995PLC004396

Company & Directors' Information:- VIRGIN HOLDINGS LIMITED [Active] CIN = U65910WB1997PLC084749

Company & Directors' Information:- P G T HOLDINGS LIMITED [Strike Off] CIN = U74899DL1994PLC057886

Company & Directors' Information:- S M HOLDINGS PRIVATE LIMITED [Active] CIN = U65990MH2011PTC225004

Company & Directors' Information:- R. R. WORLD LIMITED [Active] CIN = U51900MH2008PLC178856

Company & Directors' Information:- M S R HOLDINGS LIMITED [Active] CIN = U85110KA1995PLC018599

Company & Directors' Information:- V N C A HOLDINGS PRIVATE LIMITED [Active] CIN = U74999TN2011PTC081684

Company & Directors' Information:- S C HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC025017

Company & Directors' Information:- JUMBO HOLDINGS LIMITED [Amalgamated] CIN = U65993TN1995PLC030444

Company & Directors' Information:- S G HOLDINGS PVT LTD [Active] CIN = U70109WB1986PTC040839

Company & Directors' Information:- JUMBO INDIA PRIVATE LIMITED [Strike Off] CIN = U52334TG2001PTC036869

Company & Directors' Information:- K C A HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066204

Company & Directors' Information:- S N J HOLDINGS PRIVATE LIMITED [Active] CIN = U67120DL1997PTC084488

Company & Directors' Information:- H P HOLDINGS LIMITED [Strike Off] CIN = U67120HP1997PLC019474

Company & Directors' Information:- K L N HOLDINGS PRIVATE LIMITED [Active] CIN = U65990TG1986PTC006344

Company & Directors' Information:- JUMBO WORLD HOLDINGS (INDIA) PRIVATE LIMITED [Active] CIN = U74140MH1989PTC051299

Company & Directors' Information:- M R HOLDINGS LIMITED [Active] CIN = U67120MH1978PLC020559

Company & Directors' Information:- J T HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1979PTC021585

Company & Directors' Information:- B M D HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U51909TN1995PTC031179

Company & Directors' Information:- H K R HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013032

Company & Directors' Information:- R J HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013033

Company & Directors' Information:- K D R HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013034

Company & Directors' Information:- P D R HOLDINGS PVT LTD [Amalgamated] CIN = U67120WB1996PTC077248

Company & Directors' Information:- W A HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1997PTC084687

Company & Directors' Information:- W D HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1997PTC084667

Company & Directors' Information:- A K HOLDINGS PRIVATE LIMITED [Active] CIN = U74899UP1986PTC037306

Company & Directors' Information:- J R D HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059769

Company & Directors' Information:- C S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U85110KA1995PTC018441

Company & Directors' Information:- R A HOLDINGS LIMITED [Strike Off] CIN = U17119GJ1986PLC037333

Company & Directors' Information:- W. M. F. HOLDINGS PRIVATE LIMITED [Active] CIN = U70101CT2011PTC022482

Company & Directors' Information:- A V HOLDINGS PVT LTD [Active] CIN = U51109WB1992PTC054035

Company & Directors' Information:- K B R HOLDINGS PRIVATE LIMITED [Active] CIN = U67120TG1998PTC030518

Company & Directors' Information:- E K HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040323

Company & Directors' Information:- N R HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1993PTC060077

Company & Directors' Information:- B P A HOLDINGS PVT LTD [Strike Off] CIN = U74990DL1982PTC013326

Company & Directors' Information:- V V HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060480

Company & Directors' Information:- D D B HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1992PTC055592

Company & Directors' Information:- M D HOLDINGS PRIVATE LIMITED [Active] CIN = U67120DL2001PTC111221

Company & Directors' Information:- V H A HOLDINGS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U65993DL2003PTC120147

Company & Directors' Information:- K E F HOLDINGS LTD [Amalgamated] CIN = U67120WB1988PLC045280

Company & Directors' Information:- A P HOLDINGS PVT LTD [Active] CIN = U65993PN1981PTC025915

Company & Directors' Information:- N. R. HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1993PTC140612

Company & Directors' Information:- M B HOLDINGS LTD. [Not available for efiling] CIN = U70109WB1986PLC041226

Company & Directors' Information:- J S R HOLDINGS PRIVATE LIMITED [Active] CIN = U45200KA2006PTC040195

Company & Directors' Information:- K M HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064343

Company & Directors' Information:- A S H HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL2004PTC125403

Company & Directors' Information:- C M HOLDINGS PVT LTD [Strike Off] CIN = U45203WB1986PTC041627

Company & Directors' Information:- M H HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC067392

Company & Directors' Information:- I K HOLDINGS LTD [Strike Off] CIN = U70101WB1951PLC019703

Company & Directors' Information:- C & R HOLDINGS PVT. LTD. [Active] CIN = U65929WB1991PTC051376

Company & Directors' Information:- J J HOLDINGS LTD [Amalgamated] CIN = U65993WB1980PLC032736

Company & Directors' Information:- K G HOLDINGS PVT LTD [Active] CIN = U65929WB1987PTC042868

Company & Directors' Information:- B & T HOLDINGS PRIVATE LIMITED [Active] CIN = U74920DL2007PTC171796

Company & Directors' Information:- H D HOLDINGS PVT LTD [Amalgamated] CIN = U51109WB1991PTC051415

Company & Directors' Information:- N AND N HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040846

Company & Directors' Information:- M P HOLDINGS PRIVATE LIMITED [Under Process of Striking Off] CIN = U67120DL1997PTC088350

Company & Directors' Information:- B P HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038274

Company & Directors' Information:- K P R HOLDINGS PRIVATE LIMITED [Active] CIN = U74900TZ2011PTC017467

Company & Directors' Information:- U AND V HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65999TN2005PTC057659

Company & Directors' Information:- B AND B HOLDINGS PRIVATE LIMITED [Active] CIN = U70101AS1999PTC005674

Company & Directors' Information:- M. G. HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120DL2010PTC198226

Company & Directors' Information:- D G HOLDINGS PRIVATE LIMITED [Active] CIN = U65110DL1998PTC094466

Company & Directors' Information:- I R HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC185743

Company & Directors' Information:- S I HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC186043

Company & Directors' Information:- C J G HOLDINGS INDIA PRIVATE LIMITED [Active] CIN = U70101KL2010PTC038559

Company & Directors' Information:- U P L HOLDINGS PVT LTD [Strike Off] CIN = U67120OR1990PTC002414

Company & Directors' Information:- N N HOLDINGS PVT LTD [Strike Off] CIN = U65999WB1990PTC048493

Company & Directors' Information:- O M K HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1995PTC072914

Company & Directors' Information:- M K HOLDINGS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U65993TN1996PTC036985

Company & Directors' Information:- K I HOLDINGS PVT LTD [Strike Off] CIN = U67120MH1981PTC024069

Company & Directors' Information:- D R HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1982PTC013031

Company & Directors' Information:- R R HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1983PTC017127

Company & Directors' Information:- G J HOLDINGS PVT LTD [Not available for efiling] CIN = U65993PB1985PTC006327

Company & Directors' Information:- M G L HOLDINGS PRIVATE LIMITED [Active] CIN = U65993TN1994PTC029354

Company & Directors' Information:- K V R HOLDINGS PRIVATE LIMITED [Active] CIN = U65191KA2012PTC063353

Company & Directors' Information:- R N M HOLDINGS P LTD. [Active] CIN = U65921WB1990PTC050174

Company & Directors' Information:- M D HOLDINGS PVT LTD [Strike Off] CIN = U67120CH1983PTC005399

Company & Directors' Information:- R V HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC036577

Company & Directors' Information:- B J HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1982PTC028820

Company & Directors' Information:- R S HOLDINGS PVT LTD [Active] CIN = U70109WB1986PTC040255

Company & Directors' Information:- A D HOLDINGS PVT LTD [Strike Off] CIN = U65993WB1976PTC030525

Company & Directors' Information:- S P HOLDINGS PVT LTD [Strike Off] CIN = U65993WB1988PTC044540

Company & Directors' Information:- R A HOLDINGS PVT LTD [Strike Off] CIN = U70200WB1986PTC040138

Company & Directors' Information:- A HOLDINGS PVT LTD [Strike Off] CIN = U70101WB1962PTC025617

Company & Directors' Information:- K T R HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1993PTC059078

Company & Directors' Information:- B I HOLDINGS PVT LTD [Strike Off] CIN = U65922WB1988PTC043690

Company & Directors' Information:- E TO E HOLDINGS INDIA PRIVATE LIMITED [Active] CIN = U65999KA2008PTC047780

Company & Directors' Information:- M A HOLDINGS PRIVATE LIMITED [Active] CIN = U26106UP2003PTC027990

Company & Directors' Information:- G L HOLDINGS PRIVATE LIMITED [Dormant under section 455] CIN = U74996KA2008PTC044867

Company & Directors' Information:- A AND M HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67190TG1995PTC021464

Company & Directors' Information:- K V S HOLDINGS PVT LTD [Strike Off] CIN = U65993WB1993PTC060850

Company & Directors' Information:- V K HOLDINGS PRIVATE LTD [Strike Off] CIN = U27924DL1987PTC027924

Company & Directors' Information:- Q AND A HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120MH2000PTC127319

Company & Directors' Information:- S K HOLDINGS PVT. LTD [Strike Off] CIN = U99999UP1988PTC010231

Company & Directors' Information:- V A HOLDINGS PVT LTD [Strike Off] CIN = U67120KL1986PTC004442

Company & Directors' Information:- S R HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65993TN1980PTC008388

Company & Directors' Information:- M T R HOLDINGS PRIVATE LIMITED [Active] CIN = U67110KA2007PTC042600

Company & Directors' Information:- C S A HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65990MH1995PTC092555

Company & Directors' Information:- S R WORLD PRIVATE LIMITED [Strike Off] CIN = U45400MH2013PTC249798

Company & Directors' Information:- K N Z HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120MH1998PTC117331

Company & Directors' Information:- S H HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH2001PTC131041

Company & Directors' Information:- D L HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67100TN2012PTC083929

Company & Directors' Information:- P C T HOLDINGS PRIVATE LIMITED [Active] CIN = U70101TZ2004PTC010971

Company & Directors' Information:- M J P HOLDINGS PRIVATE LIMITED [Active] CIN = U74900TG2015PTC098835

Company & Directors' Information:- P H HOLDINGS PVT LTD [Active] CIN = U67120WB1985PTC039369

Company & Directors' Information:- J D S HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1993PTC053637

Company & Directors' Information:- M R S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120DL2001PTC113197

Company & Directors' Information:- J S M S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117110

Company & Directors' Information:- R M G HOLDINGS PVT LTD [Active] CIN = U67120MP1987PTC004209

Company & Directors' Information:- B R HOLDINGS PRIVATE LIMITED [Amalgamated] CIN = U74899HR1994PTC064054

Company & Directors' Information:- P R S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120KA2010PTC052295

Company & Directors' Information:- M AND D HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120MH1981PTC025882

Company & Directors' Information:- A T HOLDINGS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1994PTC057216

Company & Directors' Information:- J AND S HOLDINGS PVT LTD [Strike Off] CIN = U67120RJ1996PTC012114

Company & Directors' Information:- S K V HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65993DL1981PTC012910

Company & Directors' Information:- S M K S HOLDINGS PVT LTD [Strike Off] CIN = U45400WB1990PTC048498

Company & Directors' Information:- S J P HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U99999GJ1981PTC004682

    Application No. 2152 of 2019 in O.P. No. 891 of 2015

    Decided On, 07 August 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

    For the Applicants: S.R. Rajagopal, Senior Counsel for M/s. R. Selvakumar, Advocate. For the Respondents: Sathish Parasaran, Senior Counsel, Anirudh Krishnan, Advocate.



Judgment Text

(Prayer: Application filed under Order XIV Rule 8 of O.S.Rules r/w Section 151 of C.P.C., 1996 to grant leave to the applicant to challenge the reference of the property of the applicant viz., 51 cents of land in S.No.289/9 of Zamin Pallavaram Village, Pallavaram Taluk, Kanchjeepuram District, in the Arbitral Award dated 31.08.2015 arising out of arbitration agreement dated 21.12.2005 between the respondents, and consequently to eschew and expunge the listing of the property of the applicants from the above arbitral proceeding.)

1. This application has been filed to grant leave to the applicant to challenge the reference of the property of the applicants viz., 51 cents of land in S.No.289/9 of Zamin Pallavaram Village, Pallavaram TRaluk, Kanchjeepuram District, in the Arbitral Award dated 31.08.2015 arising out of arbitration agreeement dated 21.12.2005 between the respondents, and consequently to eschew and expunge the listing of the property of the applicants from the above arbitral proceeding.

2. It is the main contention of the applicants that they are jointly in possession and enjoyment of the vacant land measuring an extent of 51 cent in S.No.289/9 at Zamin Pallavaram. In the month of July 2007 some unidentified men representing Gordon Woodroffe Company owned by Respondents 1 and 2 attempted to trespass and disturbed the peace. Immediately they filed suit in O.S.No.148 of 2007 for permanent injunction. The suit was decreed in favour of the applicants and appeal was also dismissed by judgment dated 07.10.2013.

3. The Respondents 1 and 2 claimed rights over the property contending that they had purchased the same on 10.3.1922 by means of sale deed bearing Document No.1551/1922. According to the Applicants the above document was a forged and fabricated one. When the matter stood thus, in the month of October 2018 the Applicants had decided to sell the land and when they approached the prospective buyers, they came to know that sale agreement dated 21.12.2005 entered between the Respondents and also issued paper publication dated 01.09.2015. According to the Applicants their properties also subject matter of the Arbitral proceedings between the parties. The Arbitration Award was issued on 31.08.2015. Hence, this application.

4. The Third Respondent filed counter stating that third parties have no right to expunge the listing of the properties of the Applicants. It is nothing but abusing of process of law. The Arbitration dispute was between the Respondents which was arose out of the Share Purchase Agreement. If at all the Applicants/Third Parties have any rights, interest and title over the property, the same needs to be adjudicated in the appropriate forum. It is the contention that the present proceedings culminating from the Share Purchase Agreement and Arbitration proceedings between the Respondents. The scope of O.P.No.891 of 2015 is confined to the dispute arising out of the Share Purchase Agreement and not with regard to tile of the immovable property. Hence, prayed for dismissal of the Application.

5. Learned counsel appearing for the Applicants submitted that the Applicants are the title owners, they have already filed suit and obtained permanent injunction in respect of their properties. However, there was an attempt to trespass the land by some unidentified men representing Gordon Woodroffe Company owned by Respondents 1 and 2. Hence, it is his contention that since their right and title to the extent of 51 cents is also involved in the Arbitration Award dated 31.08.2015 they may be granted leave to challenge the proceedings.

6. The learned counsel appearing for the Respondents Mr.Anirudh Krishnan and Mr. Sathish Parasaran learned Senior Counsel submitted that this Arbitration Award is the result of the Share Purchase Agreement. Therefore, the issue involved in the Arbitral Award proceedings only with regard to the enforcement of the share purchase agreement and not in respect of the immovable properties. Therefore, their contention is that the Applicants cannot be impleaded and there is no need to grant leave.

7. The main contention of the Applicants is that they are the owners of the property and sale deed dated 10.03.1922 has been forged and fabricated. To substantiate their claim they have also brought to the notice that the Registration Department has issued information under Right to Information Act to the effect that the Document bearing No.1551/1922 SRO Saidapet, registered in respect to 1/16th share registered by one Errappa Naicker in favour of the Prasanna Venkatesa Narasinga Perumal Sannidhi. Now, the above document has shown as if one Raghunatha Iyer executed a sale deed in favour of the Gordon Woodroffe Leather Manufacturing Company. It is also not disputed that Criminal Complaint has been filed and in this regard investigation is in process. Further the Applicants also produced a copy of the decree and judgment filed by them in respect of their property for an extent of 51 cents claimed in the petition. Such being the position if the Applicants felt that the Award affects their right in the immovable property, the Applicants can very well substantiate the same before the appropriate civil forum. The Award in fact, even covering the above subject matter of the land viz., 51 cents certainly would not bind them. Merely on the basis of the Award one cannot claim title over the property of the third parties. Such Being the position, and it is also the fact that the counsel appearing for the Respondents submitted that the entire arbitral proceedings only relate to enforcement of share purchase agreement alone, no leave can be granted to the Applicants in this proceedings.

8. Though Bombay High Court in a judgment Prabhat Steel Traders Pvt. Ltd., v. Excel Metal processors Pvt. Ltd., (Bombay) [Arbitral Petition No.619, 642, 622, 688,643,574 of 2017] has held that third party who is likely to be affected by any other order in proceedings under Section 9 of the Act may intervene those proceedings and oppose the grant of reliefs and apply for vacating any order passed therein and there is no total bar for maintainability of the arbitral appeal by third party under Section 37 of the Act. In para 56 of the judgment the Bombay High Court relied upon a judgment of the Supreme Court in Municipal Council, Hansi, District Hissar, Haryana v. Mani Raj & ors.[(2001) 4 SCC 173] in which it is held as follows:

“56. The Supreme Court in the case of Municipal Council, Hansi, District Hissar, Haryana vs. Mani Raj & Ors. (supra) while considering the provisions of Order I Rule 8-A of the Code of Civil Procedure, 1908 has held that a party was in possession of the disputed property and was not party in the award case and the earlier two orders passed by the Court on the basis of which direction was given to such third party to deliver possession of the disputed property. Application for intervention made by such third party ought to have been allowed when the direction adversely and seriously affected the valuable rights of such third party over the immovable property in dispute. The principles of law laid down by the Supreme Court in the case of Municipal Council, Hansi, District Hissar, Haryana vs. Mani Raj & Ors. (supra) can be extended to this case where admittedly the petitioners in all these arbitration petitions were adversely affected in view of the interim measures granted by the learned arbitrator in the proceedings between the respondent nos.1, 2 & 3.”

9. Though Bombay High Court Judgment is entirely based on the appea

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l by the third party maintainable under Section 37 of the Act, the findings of the Apex Court referred above makes it clear when the third party right over the immovable property is seriously affected, there is no bar for impleading them in the proceedings. Though above finding indicate that when third party rights is adversely affected by any Award he cannot be remediless. But the fact remains in this case is that the counsel appearing for the Respondents has admitted before this Court that the Award is only in respect of enforcement of the agreement between the respondents. If the Applicants wants to establish their independent right, they can always defend their right as discussed above. In view of the same leave is rejected. 10. In the result the Application No.2152 of 2019 in O.P.No.891 of 2015 is rejected. No cost.
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