Usha Breco Ltd. And Anr vs Department Of Tourism And Civil ...
2023 Latest Caselaw 5100 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 Arb. Case No. 17 of 2022
                                                 Decided on: 03.05.2023




                                                                     .

     Usha Breco Ltd. and Anr.                                    ....Petitioners.

                                         Versus





     Department of Tourism and Civil Aviation, Himachal
     Pradesh and ors.
                                                   ...Respondents.

     Coram





     The Hon'ble Mr. Justice Satyen Vaidya, Judge.
     Whether approved for reporting?1

     For the petitioners             :   Ms. Aakriti Gupta, Mr. Ramanjit
                  r                      Singh and Mr. Ankit Kanwar,

                                         Advocates.
     For respondent No.1         :       Mr. Mohinder Zharaick, Additional
                                         Advocate General.

     For respondent No.3             :   Ms. Suhani Gautam, Advocate.



     Satyen Vaidya, Judge (Oral)

Learned counsel for the petitioners has

submitted that Arbitrator has already been appointed in

the matter by an order of this Court passed on

03.03.2023. The Arbitrator has already entered into

reference and parties were required to appear before him

on 29.04.2023.

1 Whether reporters of the local papers may be allowed to see the judgment?

2. Vide order dated 15.03.2022, an interim

protection was granted in favour of the petitioners and

.

respondents were restrained from invoking/encashing

the Bank Guarantee.

3. The interim measure granted under Section 9

of the Arbitration and Conciliation Act, 1996, has its

limited scope and life and cannot continue forever.

4.

Learned counsel for the petitioners has made a

submission that an application under Section 17 of the

Arbitration and Conciliation Act, 1996, shall positively be

filed before learned Arbitrator within a week from today

and interim orders will be sought by way of such

application and till then protection of order dated

15.03.2022 be continued.

5. Prayer is not opposed. The Arbitrator has

entered into reference only recently. Keeping in view the

facts and circumstances of the case, the oral prayer

made on behalf of the petitioners is allowed. The

protection of order dated 15.03.2022 is extended till one

week from today and thereafter petitioners shall be at

liberty to seek further protection from the Arbitrator

under Section 17 of the Arbitration and Conciliation

Act, 1996.

.

6. No further directions or orders, except as

above, needs to be issued in the petition in view of the

fact that Arbitrator stands already appointed.

7. The petition is accordingly disposed of, so also

the pending miscellaneous application, if any.

    3rd May, 2023
         (sushma)
                  r            to               (Satyen Vaidya)
                                                   Judge