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2009 Supreme(AP) 928

V.V.S.RAO, B.N.RAO NALLA
SPA Agencies (India) Private Ltd. , Chennai – Appellant
Versus
Harish Rawtani – Respondent


Advocates appeared:
Mr. C. Kodanda Ram, Senior Advocate for Mr. Vikram Pooserla, Counsel for the Appellant.
Mr. B. Adinarayana Rao, Counsel for the Respondent.

JUDGMENT (Per V.V.S. Rao, J.)

This appeal under Section 37 of Arbitration and Conciliation Act, 1996 (A&C Act, for short), involves an interesting question regarding the power of Civil Court under Section 9 of A&C Act to pass orders as an interim measure during arbitral proceedings when arbitral tribunal has already passed an order in respect of subject matter of the dispute.

2. The appellant herein, namely, M/s. S.P.A Agencies (India) Private Limited (hereafter, SP A) is an incorporated entity engaged in the business of distributor/agency of various artefacts, porcelain and glassware manufactured by Villeroy and Boch. To open their showroom in Hyderabad, they took three shops bearing door Nos.6-3-680/B/1, 2 and 3, forming part of premises bearing No.6-3-680/B admeasuring 1020 Sq. yards (hereafter, petition schedule premises). It is a double storeyed building situated in Punjagutta road, Hyderabad. Respondent, namely, Harish Rawtani, entered into three franchise agreements with SPA on 15.5.2006. As stipulated therein, SPA deposited Rs.88,20,000/- as non-forfeitable, non-refundable and interest free deposit. Be it noted that Rawtani himself is a lessee of petition schedule premises un















































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