IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.03.2011 CORAM THE HON'BLE MR. JUSTICE VINOD K.SHARMA A.No.507 of 2011 in A.No.5407 of 2010 ORDER
The applicant/respondent has moved this application to direct the applicant to deliver the equipment namely 1 No. Terx Vectra TX 760 Backhoe Loader bearing Chassis No.TVESC12AQ-10-7-760-2146, fitted with engine No.4H 2676/0700012 to the applicant/ respondent on receipt of Rs.2,00,000/- (Rupees two lakhs only) and permit the applicant/respondent to pay the balance amount in instalment, along with April month instalment.
2. On an application moved by the applicant under Sec.9 of the Arbitration & Conciliation Act, Advocate Commissioner was appointed to seize the equipment. In pursuance to the order passed by this Court, the equipment was seized and handed over to the applicant by way of interim judicial custody pending arbitration proceedings. The applicant/petitioner have also filed a claim petition with the Arbitrator claiming a sum of Rs.10,89,530/- (Rupees ten lakhs eighty nine thousand five hundred and thirty only).
3. The learned counsel for the respondent contends that the amount due is only Rs.3,23,500/- (Rupees three lakhs twenty three thousand and two hundred only). In discharge of liability, the respondent has handed over two demand drafts drawn on Union Bank of India, Chennai, vide D.D.No.646262 dated 30.12.2010 for a sum of Rs.2,00,000/- (Rupees two lakhs only) and D.D.No.819312 dated 22.02.2011 for a sum of Rs.1,33,500/- (Rupees one lakh thirty three thousand and five hundred only).
4. The learned counsel for the applicant however dispute the amount and states that the actual amount due now is Rs.5,19,000/- (Rupees five lakhs nineteen thousand only) in terms of the higher purchase agreement executed between the parties. Be as it may, the respondent has handed over substantial amount and the dispute between the parties which can be adjudicated by the Arbitrator, who has powers under section 17 of the Arbitration & Conciliation Act to pass interim orders if necessary.
5. Consequently, this application is allowed. The respondents are directed to hand over the possession of the equipment bearing Chassis No.TVESC12AQ-10-7-760-2146, fitted with engine No.4H 2676/0700012 to the applicant/respondent forthwith. However, this order shall be subject to final adjudication of the dispute by the arbitrator.
6. This order shall also not bar the arbitrator to exercise power under Sec.17 of the Arbitration and Conciliation Act, if need be, after hearing both the parties.
7. It is further made clear that this order shall not come in the way of respondent/applicant in paying instalments due. No costs.
vaan