JUDGMENT

Dated this the 20th day of September, 2021 The petitioner in OP(C) No.472 of 2021 is the judgment debtor and the petitioner in OP(C) No.967 of 2021 is the decree holder in E.P.No.58 of 2020 on the files of the District Court, Thoduppuzha. [for convenience, the parties and documents are referred to, as described in OP(C) No.472 of 2021]. The brief facts, leading up to the filing of the Execution Petition, are as under;

The petitioner and the respondent had entered into Ext.P3 Memorandum of Agreement with respect to the conduct of hospitality business in 96 studio apartments constructed by the respondent in Pallivasal Village in Idukki District. Under the terms of the agreement, the petitioner was permitted to occupy the property along with movables on condition of payment of licence fees, at the rate of Rs.12,00,000/- per mensem. Alleging persistent default in payment of licence fees, the respondent filed a suit for realisation of arrears of licence fees and other ancillary reliefs. As the Memorandum of Agreement contained an arbitration clause, the dispute was referred to a single member Arbitral Tribunal. In the arbitral proceedings, the respondent filed an interlocutory ap