- (1.) This revision is directed against the order of the Subordinate Judge, Ist Class, Patiala, dated 12th of December, 1977 refusing to issue ad-interim injunction under Section 41 read with Schedule II, Rules 3 and 4 on the Indian Arbitration Act 1940, in favour of the petitioner and against the Punjab State Electricity Board, Patiala.
(2.) The facts of the case are that the Punjab State Electricity Board often discards ACSR scrap material. For the disposal of this material, tenders are called from the intending purchasers. The petitioner on 26th of November, 1976 gave a tender for 191 metric tonnes of ACSR scrap material, which was accepted by the Superintending Engineer of the Punjab State Electricity Board. The petitioner was informed of the acceptance of his tender on 20th of January, 1976 by the Superintending Engineer. One of the conditions of the acceptance was that the petitioner was to remove the scrap material within sixty days. The petitioner also paid Rs. 31,000/- by way of security. On 23rd of January, 1976, a sale order to that effect was placed on the petitioner. The petitioner, however, did not remove the material within the stipulal period. On 6th of August, 1976, the Superintending Engineer allowed the extension of time for the removal of the scrap material. The concerned authority extended this time to another sixty days. The petitioner again failed to remove the scrap material. On 29th of November, 1976, the petitioner again approached the Superintending Engineer of the Punjab State Electricity Board for further extension of the time, which was refused. The Superintending Engineer forfeited the security deposit of Rs. 31,000/- made by the petitioner and the order was cancelled. The petitioner then took the matter to arbitration against the cancellation of the order and the forfeiture of the security.
(3.) During the pendency of the arbitration proceedings, the petitioner moved the Subordinate Judge Ist Class, Patiala, for issuing an ad interim injunction against the Punjab State Electricity Board restraining it from disposing of 108.65 metric tonnes of ACSR Scrap material the balance which the petitioner had not removed till that time.;