Altamas Kabir, J. - (1.) The substantial relief prayed for in this application under Section 41 of the Arbitration Act, 1940, is that the respondent be restrained from claiming and/or realising any amount from the final bill of the petitioner or realising any amount from the security deposit of the petitioner or its agent till the disposal of the arbitration proceeding.
(2.) The petitioner company's Tender for construction and conversion of the respondent's Slip way No. 3 into a building berth and for civil, structural and allied works connected thereto, was accepted by the respondent and a formal contract was entered into between the petitioner and the respondent on 4th October, 1989.
(3.) According to the terms of the Tender, the construction was to commence by the end of October 1987, and was to be fully completed by December 1988.;