LAWS(ORI)-2024-8-12

BANSAL INFRA PROJECTS PVT. LTD Vs. JINDAL STEEL AND POWER LTD

Decided On August 20, 2024
Bansal Infra Projects Pvt. Ltd Appellant
V/S
Jindal Steel And Power Ltd Respondents

JUDGEMENT

(1.) The Petitioner Company has preferred the Writ Petition challenging the order dtd. 30/4/2024 passed by the Senior Civil Judge (Commercial Court), Cuttack in ARBP No.14 of 2024, vide which the Court below rejected its application under Order 39 Rule 3 read with Sec. 151 of the Code of Civil Procedure, 1908, shortly, "the CPC", moved in a Sec. 9 application filed under the Arbitration and Conciliation Act,1996, shortly, "the Act,1996", to grant ex-parte ad interim injunction with an observation that, an order cannot be passed without hearing the Opposite Parties and accordingly, ordered for issuance of notice to the Opposite Parties fixing the date to 25/6/2024 for appearance.

(2.) While issuing notice to the Opposite Parties, this Court, vide order dtd. 13/5/2024, as an interim measure, passed an order to maintain status quo as on the said date till the next date with regard to invocation of Bank Guarantee. Paragraph 3 of the Order dtd. 13/5/2024 passed in I.A. No.6416 of 2024, being relevant, is reproduced below for ready reference.

(3.) Though it was ordered to list the matter in the week commencing from 17/6/2024, the present Opposite Parties appeared suo motu. Instead of filing Counter, dealing with the specific allegations made in the Writ Petition so also documents appended there to, I.A. No.6777 of 2024 has been filed for vacation of the aforesaid interim order. On being moved showing urgency, the matter was listed for orders and a short adjournment being granted, the Petitioner also filed its Objection to I.A. No.6777 of 2024 opposing to the prayer for vacation of stay. However, on consent of the learned Senior Counsel for the Parties, the Writ Petition along with all I.As. were taken up together for hearing and final disposal.