The Court dismissed interim injunction applications regarding third-party engagement and project completion as infructuous, noting the dispute must be resolved by the Arbitral Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
Original Application Nos.325 and 326 of 2015
K.RAVICHANDRABAABU, J
Original Application No.325 of 2015 is filed seeking for an order of interim injunction restraining the second respondent from engaging third parties using the equipments/materials supplied by the applicant.
2.Original Application No.326 of 2015 is filed seeking for an order of interim injunction restraining the second respondent from handing over the project completion work to any third party. Both the applications are filed under section 9 of the Arbitration and Conciliation Act.
2
K.RAVICHANDRABAABU,J.
vri
approval for energising the electrical installation after inspecting the site. Perusal of the letter shows that the said authorities has given approval for energising the electrical installation.
4.Therefore, from the above stated communication, it is seen that the
statement of the second respondent with regard to the completion of the entire erection and commissioning of work appears to be correct. Therefore, I find that the prayer sought for in both these applications does not survive any more. However, with regard to the rival contentions raised by the parties on merits of their dispute, needless to say that they have to be raised and contested only before the Arbitral Tribunal. Therefore, this Court is not expressing any view on the same, except closing these applications as infructuous. Accordingly, these applications are dismissed as infructuous without expressing any view on the merits and contentions raised by the parties in respect of the main dispute. As it is stated that the arbitral proceedings has already been initiated, it is for the parties to work out their remedies before the Arbitral Tribunal.
04.09.2015
vri
3
O.A.Nos.325 and 326 of 2015
Applicant
Second Respondent
K. Ravichandrababu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
