- (1.) Counsel for the petitioner submits that while he has moved an application for appointment of Arbitrator which is pending before this court, the respondents were taking judicial action against them and he, therefore, approached the Commercial Court by moving application u/s 9 of the Act of 1996 wherein the Commercial Court passed an order restraining IOCL from taking any prejudicial action again on 4.3.2020. However, after the order having been passed, another order has been passed by the respondents putting them on holding list for three years on 9.3.2020 that amounts to black listing and the action is violating of Article 19 of the Constitution of India. No show cause notice was given to the petitioner after order passed by the Commercial Court wherein it was observed that a fair opportunity shall be provided to the petitioner.
(2.) I have considered the aforesaid submissions.
(3.) Admittedly, the petitioner had earlier approached under Section 9 before Commercial Court wherein Commercial Court passed appropriate orders. If any new action has been taken by the respondents, while arbitration application is pending, the remedy is available with the petitioner to again approach the Commercial Court by filing separate application u/s 9.;