The filing sought interim injunction against penal action following a termination notice for inadequate progress. The court held the application infructuous as the notice period had expired and arbitral proceedings were invoked, allowing parties to work out legal remedies.
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O.A.No.842 of 2019
O.A.No.842 of 2019
PUSHPA SATHYANARAYANA, J.
This Original Application is filed seeking an order of interim injunction, restraining the respondents from initiating any penal action in pursuance of seven days notice dated 03.09.2019.
2.As per the said notice, as there was no adequate progress
of work, the said seven days notice was issued in accordance with Clause 62 of General Conditions of Contract to make good the progress, failing which the contract may be terminated. The said notice was issued on 03.09.2019.
3.The learned counsel for the respondents pointed out that the contract cannot be terminated at the end of the seventh day as it requires another 48 hours notice to be given to the applicant.
4.It is also not in dispute that the applicant has already
invoked arbitral proceedings, making the claim against the respondents. The learned counsel for the applicant also expressed his willingness to continue with the project showing considerable progress and also the fact that since the seven days as contemplated in the impugned notice, is already over, the application itself has become infructuous.
O.A.No.842 of 2019
PUSHPA SATHYANARAYANA, J.
pnn
5.Accordingly, this application is closed as infructuous. It is
open to the parties to work out their remedies as per law.
20.11.2019
pnn
O.A.No.842 of 2019
1 issue framed by the court
Whether the application for interim injunction remains viable given the lapse of the notice period and initiation of arbitral proceedings.
PUSHPA SATHYANARAYANA
RESPONDENTS
PUSHPA SATHYANARAYANA
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
