JUDGMENT - S.A. BOBDE, J.:---This Chamber Summons is taken out by Amrish Kilachand, defendant No. 1, who claims to have been in possession of the premises at Oriental House, 7, Jamshedjee Tata Road, Churchgate, Mumbai 400 020. This Chamber Summons is taken out under section 47 of the Code of Civil Procedure praying that the execution levied by the plaintiff i.e. Indian Commercial Company Ltd. be dismissed and the warrants of attachment dated 8-3-2001 and 9-8-2001 on the movable property specified in the prayer in possession of the third party be raised and/or set aside.

2. The dispute between Amrish Kilachand, defendant No. 1, and the plaintiff, Indian Commercial Company Ltd. is mainly in relation to the premises referred to above, hereinafter referred to as the “premises in question”. Amrish Kilachand and the company which is said to be under his control i.e. Indian Speciality Chemicals Company (India) Private Ltd. claim to have been in possession of the premises in question under two letters both dated 12-4-1994 and an agreement dated 22-3-1996. The letters stated in effect that he was an associate of a group of companies held by Kilachand family and, therefore, allowed use of the premises. The premiss are taken on lease by Kilachand Devchand and Company Ltd. from New Great Insurance Company Ltd.

3. The defendant Amrish Kilachand claims to have been dispossessed forcibly from the premises and, therefore, filed Suit No. 1884 of 1996. In regard to the same premises, the I.C.C. Ltd. filed present Suit No. 3979 of 1996, inter alia, for an order of permanent injunction restraining the defendant i.e. Amrish Kilachand and others from entering into the suit premises i.e. the premises in question. This was by way of prayer Clause (d).

4. Eventually before the Supreme Court, the parties i.e. Amrish Kilachand and his company i.e. Indian Speciality Chemicals Company (India) Private Ltd. on the one hand and I.C.C. Ltd. consented to refer their disputes for determination by a sole Arbitrator. The disputes clearly and admittedly encompassed the claims made by Amrish Kilachand under section 6 of the Specific Relief Act for restoration of possession of the premises in question i.e. the subject-matter of Suit No. 1884 of 1996 and the claim made by I.C.C. Ltd. in Suit No. 3979 of 1996 in which it had claimed an injunction restraining Amrish Kilachand from, inter alia entering into the premises.

5. The arbitration proceedings culminated in an Award dated 25-2-1999 under the Arbitration and Conciliation Act, 1996, hereinafter referred to as the Act. The relevant portion of the Award is reproduced below:-

“1. Suit No. 1884 of 1996 filed under section 6 of the Specific Relief Act, 1963 by Amrish Kilachand and I.S.C.C. is dismissed.

2. Suit No. 3979 of 1996 filed by I.C.C. against Amrish Kilachand and I.S.C.C. is decreed to the extent of the prayer Clause (d) i.e. Amrish Kilachand and I.S.C.C. are restrained by themselves, their officers, servants and agents from entering into the suit premises particularly described in Exhibit D-1 to the plaint or any part thereof. No relief is required to be granted against Kilachand Devchand Company Limited, defendant No. 3 as none has been prayed for.

3. Since no reliance was placed by defendant Nos. 1 and 2 on the agreement dated 22nd March, 1996 in these suits, it is not necessary to grant a decree as prayed in prayer Clauses (a) and (b) of the plaint in Suit No. 3979 of 1996.

4. The claim for general damages of rupees one crore or such other sum is rejected.

5. Amrish Kilachand/I.S.C.C. shall jointly and severally refund the amount of Rs. 3,33,870/- (Rupees Three lakhs thirty three thousand eight hundred and seventy only) to I.C.C. being amounts paid by I.C.C. in pursuance to the orders of the Supreme Court dated 5th November, 1997.

6. I.C.C. will be entitled to recover from Amrish Kilachand and I.S.C.C. the amount of adjournment costs of Rs. 50,000/- (Rupees Fifty thousand only) by the Minutes dated 5th October,

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