High Court · 2020

(since dead through his LRs) and Mr.Sanjib Swain, learned counsel for the respondent. This is a joint application filed by both sides for disbursal of the amount deposited before the Registrar (Judicial) to the parties pursuant to direction of this Court dated 14.12.2010 in terms of the settlement made between them. Learned counsel for the parties submit that the Arbitration Appeal, i.e., ARBA No.2 of 2020 was disposed of, vide order dated 14.12.2010, appointing the appellant (now dead) as receiver on the following terms and conditions:- The appellant shall deposit a sum of “(i) Rs.30,000/- (rupees thirty thousand) per month in the name of the Registrar (Judicial) of this Court commencing from the month of January, 2011 payable by 12th of each succeeding month. (ii) The appellant will pay monthly dues of the bank in the loan accounts of the partnership firm, regularly. The appellant will not change the nature (iii) and character of the lease-hold land of the partnership firm in any manner while functioning as receiver. (iv) Till passing of the award in the arbitration proceeding, the respondent will not interfere with the management of the partnership business to be carried out by the appellant as receiver and in case of any disturbances, the appellant may seek 2 Both the parties are restrained police help by lodging information before the concerned police station. (v) alienating any portion of the leasehold land and the assets of the partnership business as well as from creating any third party interest thereon. The appellant as receiver shall maintain regular accounts of the firm which, if required, shall be placed before the Arbitrator for considering the claim and counter claim of the parties.” Accordingly, the appellant and after his death his legal heirs went on depositing the amount, as aforesaid, before the Registrar (Judicial) of this Court till the date of compromise. In the meantime, the matter has been amicably settled between the parties and Arbitration Proceeding No.17 of 2019 has been disposed of on the terms of compromise, vide order dated 06.03.2020 of the learned Arbitrator. Relevant portion of the Award in terminating the arbitration proceeding is reproduced for ready reference. “9. The claims have filed this claim statement quantifying therein the amount of claim. The respondent has also set up a counter claim against the claimants in his statement of defence. In course of the proceeding, both the parties have arrived at a settlement and accordingly a joint application has been filed by the parties on 28.2.2020 being duly witnessed by advocates with a prayer proceeding on settlement of the disputes on the agreed terms as quoted above. Considering the prayer made in the joint application filed by the parties for settlement of the dispute between them in terms of the provisions of section 30(2) terminate 3 and (3) of the Act, I allow the prayer made in the said joint application and pass the award on the terms agreed upon by the parties as incorporated in the deed of compromise dt.4.2.2020 and direct that the deed of compromise shall form part of this award and will be binding on the parties. The Arbitration Proceeding is accordingly terminated.” Learned counsel for the parties submits that the said compromise was entered into before the Arbitrator by filing a deed of compromise, paragraph 3 of which is relevant for adjudication by this Court. The same is reproduced hereunder. “3. It is agreed between the parties that the parties to the Second Part shall make up to date deposit before the Registrar Judicial of the Hon’ble High Court of Orissa in compliance with the Order dt.14.12.2010 passed in ARBA No.02 of 2009, which was a pre-condition appointment of Late Rabinarayan Sahoo as a receiver. Further, it is specifically agreed that parties to the Second Part shall pay Rs.12,70,107/- to the Party of the First Part. (The said Rs.12,70,107/- was remitted (with interest over Rs.12,00,000/-) to the bank as two separate orders dt.26.09.2012 & dt.30.07.2014 on the prayer made by Late Rabinarayan Sahoo, receiver). Since parties to the First Part has deposited 1st & 5th installments on 09.02.1999 & 19.11.2009 respectively towards land premium against lease granted by General Administration Department and the said premium comes to Rs.2,06,000/-, the Parties to the Second Part agree to pay 50% of the said amount i.e. Rs.1,03,000/- (one installment amount) to the Party First Part. 4 Thus parties to Second Part shall pay the following amount to the Party to the First Part:- Rs. 12,70,107/- Rs. 1,03,000/- Total Rs. 13,73,107/- (Rupees Thirteen Lakh Seventy Three Thousand One Hundred Seven Only). It is further specifically agreed that a joint petition shall be filed by all the parties to this deed in ARBA No.2/2009 for withdrawal of the entire amount in deposit along with interest accrued thereon and party to the First Part and Parties to the Second Part will have 50% & 50% share over the said the said amount. withdrawal petition the fact regarding payment of Rs.13,73,107/- to the party to the First Part shall be mentioned. The Parties shall request the Registrar to make payment of Rs.13,73,107/- in favour of Party to the First Part and residual amount shall be paid to both the parties in equal 50:50 basis.” (Judicial) In In terms of the compromise deed Arbitration Proceeding No.17 of 2019, the instant application has been filed. Heard learned counsel for the parties at length. They have no objection to the mode of disbursal of the amount as agreed upon by them, more fully described at paragraph-4 of the petition, which reads as follows:- “4. That it is pertinent to mention here that as per the terms of appointment of receiver vide is deposit of Order dt.14.12.2010 Rs.20,40,000/- with the Registrar Judicial of this Hon’ble Court. Out of the said deposited amount thereon, a sum of Rs.13,73,107/- is to be disbursed first in favour of Bidyadhara Behera (Respondent/Opp. Party) interest accrued 5 as per the terms of compromise. Thereafter, the balance amount is to be equally divided & disbursed in favour of both the parties i.e. Petitioner No.1(a) to 1(c) in one part and Opp. Party in the other part equally having 50% share therein.” Learned counsel for the parties submit that the deed of compromise as well as the joint petition has been filed at the own volition of the parties and without any undue influence, threat or coercion. Taking into consideration the submissions of parties discussions made above as well as on perusal of the materials available on record, it appears that the terms of compromise is lawful. Accordingly, the IA is disposed of with a direction to the Registrar (Judicial) of this Court to calculate the deposited amount along with accrued interest in consultation with the Bank officials thereafter disburse Rs.13,73,107/- respondent-opposite party, namely, Bidyadhar Behera at the first instance. Thereafter, the balance amount is to be equally divided and disbursed in favour of both the parties, i.e., petitioner No.1(a) to 1(c) in one hand and the opposite party on the other equally on proper identification. The entire exercise shall be completed by the Registrar (Judicial) within a period of three weeks hence under intimation to the parties. This disposes of the IA. 6 Receiver so appointed stands discharged. Parties shall bear their own cost. Urgent certified copy of this order be granted on proper application. ……………………….. K.R. Mohapatra, J.