Dabur India Ltd v. Mcs Ltd

0/ % 25.03.2008 Present: Mr Sudhir K. Maldcar for the Petitioner. Ms VandanaSharmaforthe Respondent. + OMP 157/2008 * By way of this petition under Section 9 of the Arbitration and ConciliationAct, 1996, the petitioneris seeking a direction to the respondent to forthwith hand over to the petitioner the records pertainingto Dabur India Ltd as also issue a No ObjectionCertificate

(NOC).

¶2The counsel for the parties have been heard. As per the reply dated 14.02.2008of the respondentin response to the notice of the petitioner dated 17.01.2008, it is apparent that a balance of Rs 2,23,482/-is claimedby the respondentagainstthe petitionerby way of outstandingdues. The respondent,however,has madeahigherclaimof Rs 4,26,012/-towardsfuture paymentsfrom the petitioner. According to the learnedcounselfor the petitioner,no furtheramountsare due and even the balancedue is disputed. However,the learnedcounselfor the petitionersubmits that to put an end to the controversyfor the time being, the petitioneris ready and willingto deposit with this court a sum ofRs 2,23,482/-withoutprejudiceto the rightsand contentionsof Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. the parties. He submits that this would secure the interest of the'/^ respondent and, therefore, there should be no impediment in the respondent handing over the records prayed for as well as the issuance of the NOC.

¶3The learned counsel for the respondent, however, was of the view thatthe entireamountofRs 4,52,763/-as claimedin paragraph6 ofthe said reply dated 14.02.2008 should be secured. The difference in the r figures of Rs 4,26,012/-appearingin paragraph2 and Rs 4,52,763/-as appearing in paragraph 6 has occurred because apparently the respondent had subsequently raised a bill for the difference in the two amounts.

¶4Considering the arguments advanced by the counsel for the parties,I am of the view that this petitioncan be disposedof with the directionthat the petitionershall deposit a sum ofRs 2,23,482/-with the Registrarofthis courtand shallawaitthe final decisiontakenin the arbitrationproceedingswliicliare to be commenced. On the malcingof suchdeposit,the respondentshallhandoverthe recordsas prayedfor to the petitionerand shall also issue an NOC. The handingover of the recordsas well as the issuanceofthe NOC shallbe withoutprejudiceto the rights and contentionsof the parties and in particularthose ofthe respondent. The saiddepositshallbe madewithinaweekand withina^ week thereafterthe respondentshall comply with the directionsgiven above. The amountso depositedbe put in a fixed depositinitiallyfor a period of one year. Thispetition standsdisposedof. Dasti. (BADAR DURREZ AHMED ) JUDGE March 25, 2008 5dtx