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1. This is a Petition under Section 9 of the Arbitration and Conciliation Act, 1996 with an accompanying Application under Section 11.

ARUN       SANKPAL
RAMCHANDRA
SANKPAL    Date:
           2021.02.15
           12:47:01
           +0530

2. The Petition is, at least as regards, Respondents Nos. 2 and 3, more than somewhat ambitious. These are the branch and head office of the Banh of India ("dkBOI"). There were fnancial transactions between the BOI and the 1st Respondent, Shree Aqua 12th February 2021 13-ARBPL2017-2021 WITH ARBAPL1821-2021.DOC Purifer Private Limited ("dkShree Aqua Purifer"). The banh has a claim for unpaid dues and it has pursued its remedies in law. Shree Aqua Purifer is a franchisee of the Petitioner, Parle Agro Private Limited ("dkParle Agro").

3. Parle Agro says that it has a money claim (apart from others) against Shree Aqua Purifer. It has come to hnow that the BOI has issued a public notice seehing to auction some assets of Shree Aqua Purifer. Therefore in prayer clause (c), Parel Agro seehs a direction that the BOI must deposit an amount equivalent to Parle Agro's claim from the surplus proceeds of any auction sale that the BOI conducts.

4. Such a relief is not possible in a Section 9 proceeding. Claims of this nature by a fnancial institution are covered by the SARFAESI Act and other dedicated statutes. If Parle Agro is indeed a creditor, secured or unsecured, of Shree Aqua Purifer, it must mahe an appropriate application before a jurisdictionally competent forum. A relief under Section 9 Petition is not possible against BOI.

13. The Franchise Agreement required Shree Aqua Purifer to acquire at its cost the necessary machinery and raw material from vendors pre-approved by Parle Agro and, importantly for our purposes today, to pay a defned franchise fee on an annual basis.

14. Apparently, things went reasonably well until 2019 when Shree Aqua Purifer began defaulting in payment of the annual franchise fees. On 18th May 2019, there was a balance due of a little over Rs. 14 lahhs. Parle Agro sent an email demanding payment.

18. Then there was further correspondence in 2020 and ultimately on 12th June 2020 Parle Agro demanded payment of the then outstanding amount of Rs.31,99,671/- with interest of Rs.11,67,429/- within 21 days. There is no reply. There is no compliance.

19. It is on this basis that Parle Agro seehs interim relief. The frst prayer is for a deposit of the entire amount of Rs. 43,67,100/-. In the alternative solvent security is sought. Then there is a prayer for an 12th February 2021 13-ARBPL2017-2021 WITH ARBAPL1821-2021.DOC injunction restraining Shree Aqua Purifer from disposing of its assets and fnally there is a prayer for disclosure.