S.A. BUILDERS LTD Vs. H.P.S.E.B.

JUDGEMENT

(1.) THE applicant above-named has preferred a petition under Section 20 of the Arbitration Act (hereinafter referred to as ''the Act'') for appointment of an arbitrator to settle the disputes, mentioned in the petition. The petition has been registered as Civil Suit No. 198 of 1995.

(2.) IN the aforesaid suit, the present application under Order 39 Rules 1 and 2 CPC has been moved and it has been prayed therein that pending final disposal of the application under Section 20 of the Act, the respondents may be restrained from taking over the aforesaid partial works, as intimated by the respondents vide their letters dated 12.7.1995 and 14.7.1995 (Annexures P-1 and P-2). The works being taken over through the aforesaid communications have been detailed as under :-

(3.) IT has further been pleaded that in case the respondents were allowed to take over the works and execute the work themselves, the applicant shall suffer irreparable injury both in terms of money and reputation. It has been pleaded by the applicants that they were prepared to complete the work within the shortest time, however, the respondents were adamant to take over the works with respect to the tools, plants and machinery etc. deployed by the applicant and the applicant would also suffer injury on that account also. According to the applicant, the machinery deployed by the applicant was worth Rs. 1.00 crore and by forcibly taking over the projects, the assets of the applicant company worth Rs. 1.50 crores were sought to be taken over which action itself was malafide and arbitrary.