- (1.) By consent of the parties the appeal and application have been taken up for hearing together dispensing with all the formalities for the sake of speedy disposal of the entire matter before us.
(2.) Therefore, we need to admit the appeal. There will be order in terms of prayer (a) of the Notice of Motion, however all undertakings are discharged. This appeal is against the impugned judgment and order dated 29th March, 2012 passed by the learned Single Judge by which His Lordship passed an order of injunction restraining the appellant from selling any part of the extract from mine in question in Jharkhand or to deal with in any manner whatsoever without first offering the entire extract to the petitioner (respondent herein) in terms of the agreement. The learned Trial Judge after granting aforesaid ad interim relief has been pleased to keep the interlocutory application pending for final hearing on affidavits.
(3.) The short fact leading to taking action under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the said Act) followed by preferring instant appeal is as follows:-;