WPMS/1792/2021
2021 Latest Caselaw 3600 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
     ON THE 10TH DAY OF SEPTEMBER, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


      Writ Petition (M/S) No. 1792 of 2021


BETWEEN:

Jagmohan Singh Chauhan                          . ....Petitioner
      (By Mr. Neeraj Garg, Advocate)



AND:

General Manager/Incharge (Mining) Garhwal
Mandal Vikas Nigam & others.                   ...Respondents
      (By Mr. Sandeep Kothari, Advocate for respondent no. 1 &
      Mr. R.C. Arya, Standing Counsel with Mr. R.C. Joshi, Brief
      Holder for the State/respondent nos. 2 & 3)




                        JUDGMENT

Petitioner filed a petition under Section 9 of Arbitration and Conciliation Act, 1996 before Commercial Court, Dehradun. Along with his petition, petitioner also filed a Temporary Injunction Application.

2. Learned Commercial Court, vide order dated 26.08.2021 has issued notices on petitioner's Temporary Injunction Application, fixing 04.10.2021 for orders. Thus, feeling aggrieved, petitioner has approached this Court.

3. Learned counsel for the petitioner submits that Garhwal Mandal Vikas Nigam has issued a certificate for recovery of ` 15,15,946/-. He further submits that since there is an arbitration clause and petitioner has invoked such clause, by serving notice under Section 21 of the Act, therefore, if the entire amount is recovered pursuant to the recovery certificate issued by Garhwal Mandal Vikas Nigam, petitioner shall suffer irreparable loss.

4. Mr. Sandeep Kothari, learned counsel appearing for respondent no. 1 submits that petitioner was not able to make any prima-facie case, for grant of ex-parte temporary injunction, therefore, learned Commercial Court was justified in issuing notices to the defendants.

5. Mr. Kothari has assured the Court that his client will file objection to the Temporary Injunction Application on or before 20.09.2021.

6.        Having        regard       to     the      facts        and
circumstances      of   the     case,     Writ       Petition      is

disposed of with a request to learned Commercial Court to expedite hearing of Temporary Injunction Application of the petitioner and make every endeavour to decide the same on or before 08.10.2021.

7. Till 08.10.2021 or till disposal of Temporary Injunction Application, whichever is earlier, no coercive steps shall be taken against the petitioner.

8. However, learned Commercial Court shall consider petitioner's Temporary Injunction Application on merits, without being influenced by this order.

(MANOJ KUMAR TIWARI, J.) Navin