O R D E R (ORAL)

% 01.10.2021

1. The prayer clause in this petition, under Section 9 of the Arbitration & Conciliation Act, 1996 (“the 1996 Act”), reads thus:

“In the above noted facts and circumstances, it is most humblyprayed before, this Hon'ble Court may be pleased to:-

a) Appoint a Local Commissioner to inspect the entire Demised Premises bearing no. 334, E.K. Road, Meerut for preparing a list of all assets, equipment, fixtures, fittings, belongings, medical records, etc. ofthe Petitioner No. l, including the list of assets mentioned in Annexure - A to the Petition which are at the Demised Premises but have not been handed over to the Petitioner No. l till date; and b) Pass appropriate orders directing the State Police to provide adequate assistance to the Local Commissioner for ensuring inspection of the entire Demised Premises, in the event of any hindrance/obstruction being caused by the Respondents in carrying out the said inspection; and c) Pass an ad-interim ex-parte order directing the Respondents to immediately hand over all the assets, equipment, fixtures, fittings, belongings, patient medical records and other properties of the Petitioner No. 1 at the Demised Premises, including all the assets, equipment, fixtures, fittings, belongings, etc. as stated in Annexure - A to the present petition; and d) Permit the Petitioners to remove the Femtosecond Laser Cataract machine· by temporarily removing hinges of doors, dismantling of the grills and removing front facade glass portion of the Demised Premises as may be required for doing the needful, with directions as the Petitioner would refix the same at its own cost and expense, immediately on the removal of the said machine; and e) Pass an order for cost of this Petition in accordance with Section 31A of the Arbitration and Conciliation Act, 1996; And f) Permit the Petitioner No. I to show to the Local Commissioner the proof of ownership of the assets, equipment, fixtures, fittings, belongings, etc. of the Petitioner No. I which are the Demised Premises; and g) Pass any other order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. This petition is actually a fallout of an earlier order which was passed by a coordinate Bench of this Court on 9th July, 2021, in OMP (I) (COMM) 127/2021. On the said date, in a similar Section 9 petition, learned Counsel for the petitioners had agreed to withdraw the petition with liberty to urge all issues in controversy before the arbitral tribunal, as and when constituted. However, the Court acceded to the request of the petitioner, for appointment of a Local Commissioner to visit the premises at Roop Netralaya, 334, E.K. Road, Meerut, (hereinafter “the premises in dispute”), and inventorise the goods contained therein.

Paras 5,6,8 of the said order read thus:

“5. He further requests that a Local Commissioner be appointed to visit the premises, Roop Netralaya, 334, E.K. Road, Meerut, and make an inventory of the assets belonging to the CFS Netralaya Private Limited in the presence of the representatives of the parties. He prays that the Local Commissioner shall also note whether such machines and other equipments are in working order. The learned counsel appearing for the respondents has no objection to the Local Commissioner being appointed for the aforesaid purposes.

6. In view of the above, Mr. Ankit Banati, Advocate (Mobile No. 9811428913) is appointed as the Local Commissioner to visit the premises in question (Roop Netralaya, 334, E.K. Road, Meerut) after informing thelearned counsel for the parties. He shall make an inventory of all the assetswhich admittedly belong to CFS Netralaya Private Limited at the saidpremises. He shall also note whether the machines are in working order or not. In the event there is controversy regarding whether a particular machine is owned by the CFS Netralaya Private Limited or whether it is in working condition, he shall make a note of it in his rep