DIPANKAR DATTA, ARIJIT BANERJEE
Suresh Kumar Jain – Appellant
Versus
Madanlal Jain – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. This is an application for review of an order dated 30 July, 2018 whereby a co- ordinate Bench of this Court, of which one of us was a member (Arijit Banerjee, J.) disposed of APO 202 of 2017 along with the connected application. The material facts of the case culminating in the present review application are as follows.
2. In an arbitration proceeding between the parties hereto a consent award dated 3 January, 2013 was passed in terms of the settlement arrived at between the parties as recorded in a document dated 1 January, 2013. The said award was put in execution by both the groups (Suresh Kumar Jain Group and Hulash Chand Jain Group) resulting in institution of two execution cases before the learned Single Judge being EC No. 144 of 2016 (Hulash Chand Jain & Ors. vs. Suresh Kumar Jain & Ors.) and EC No. 873 of 2015 (Suresh Kumar Jain & Ors. -vs- Madanlal Jain & Ors.). The said execution cases were heard from time to time by the learned Single Judge. On 4 March, 2016 on the prayer made on behalf of the petitioners in EC No. 144 of 2016 the learned Judge directed by way of an interim order, inter alia, that the custodian appointed under the Arbitral
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