HIQH CQURT OF GHHATTiSOARH AT BiLASPUR Appe|lanj: ABpllcaiit Arbitration Aopeai No.1&oi201CL DAV Coiiege Trust and JVianagement Society. A Soclety duly reglstered under the provisions of the Societies Regisfration Act, 1860 having its registered ofRce at Chitra Gupta Road, Nevv Deihi, through Shri O.P. Arora, Reaionat Director, DAV Pubiic SchooEs (M.P. & C.G. Zo.ne) HUDCO, Bhiiai, Durg Chhattisgarh. Vs. Respondent Swargeiya Smt. Bejadevi Agrawai MemoriaJ Charitabie Trust (now registered as 'Swargeiya Smt. Beiadevi Agrawal Memoria! Charitable Sodefry1), New Safkanda, Biiaspur, Chhattlsgarh, through Shri Krishna Kumar Agrawai, son of Shri Pawan Kumar Agrawal, Secretap/, New Sarkanda, Biiaspur, Chhaifisgarh {Aepeai under Sectson 37 of the Arbitration and concnation Act, 1996 read wlth Sectlon 151 ofthe Code of Civi! procedure? Present: Shri Amnto Das, counse! for the appeiiant. Shri Anli Pandey, counse! for Sho respondent. Sinale Bench: Hon'bie Shri Dhirendra syiishra, -J ORAL ORDER (21.08.2010) 1. The instent petition has been tiled by the petltjoner against the order ot learned Distnct Judge, Biiaspur (Annexure-A/'l), dated 05.05.2010, whereby appiication under Section 151 of the Code of Civii Procedure fiied in the proceedinas mitiated under Section 9 ot the Arbitration and Conciliatson Act, 1996 nas been rejected. 2. Learned counsei for the petitloner submits that the respontient is In possession of the assets ieti by the petltioner in the institut'on and the respondent is not permitting the petitioner to even inspect their beiongings and they are contempiatsng to misappropriate the assets ot the petitioner avauabie in the institution. 'fiWW.SKSSWMMl^.,W.^^ ^. "^. ^r • '"u '^-, •A %i|,^ 1 "^ fl ^^ ^^.^' 4. -^ Learned counsel appearing for the respondent submits that the instant petition is not maintainable in yiew ot the fact that it is directed against the interiocutory order, whereby their application for interim injunction has been rejected. He further submits that tne petitioner has already taken alj their beiongings and no property belonging to the petitioner is left in the mstitution. He further submits that the State Government after due yerification of the records, permitted the respondent to run the institute for three years and a certificate to this efrect has aiready been obtained by the respondent. Taking into consideration the facts and circunnstences. ends of justsce would be served if the learned District Judge is directed to declde the appiicatson preferred by the petstioner under Section 9 of the Act, expeditiously preferabiy within a period of one month from today. Ordered accordingly and the petition is disposed of. Sd/- Dhirendra Mishra Judge Bini