ASHIS KUMAR CHAKRABORTY,J. - (1.) In this application under Section 9 of the Arbitration and Conciliation Act, 1996, as amended by Act 3 of 2016 (in short, "the Act of 1996"), the petitioner has prayed for an order of injunction restraining the respondent nos.1 and 2, namely, NTPC Limited and MSTC Limited, respectively from taking any step in pursuance of the e-auction scheduled to be held on today.
(2.) Admittedly, the arbitration agreement invoked by the petitioner is between itself and the respondent no.2. The letter of acceptance/sale order dated March 24, 2017,containing the arbitration clause, was issued by the respondent no.2 under which the petitioner was to obtain delivery of 2500 MTs of scrap, described as Lot No.26/16-17 in the notice inviting offer for sale belonging to respondent no.1. According to the petitioner, in terms of the sale order dated March 24, 2017, the respondent no.2 was obliged to allow the petitioner to take delivery of 2500 MTs of the scrap in two instalments of 1250 MTs each. The petitioner claims that the respondent no.2 had delivered 1250 MTs of the scrap of the first lot within the stipulated date upon payment of the price thereof by the petitioner. The dispute arises with regard to the delivery of the second lot of 1250 MTs of scrap by the respondent no.2. The petitioner claims that the respondent no.2 had called upon it to make payment of the entire quantity of 1250 MTs of the scrap towards delivery of the second instalment but, in fact, the respondent no.1 was unable to deliver the entire 1250 MTs of the said scrap. By a communication dated December 18, 2017 addressed to the respondent no.1 the petitioner claimed that since the respondents were unable to deliver the entire balance quantity of 1250 MTs of the said scrap it would obtain delivery of the available 400 MTs of the scrap.
(3.) The petitioner claims that although the respondents were unable to discharge their obligation under the contract relating to the said sale order dated March 24, 2017 but, they have wrongfully and illegally issued a fresh e-tender notice inviting offers for supply of further quantities of the scrap, including the balance 850 MTS of the said sale order dated April 03, 2017 from the factory of the respondent no.1, NTPC Limited.;