Vinod Negi vs Garhwal Mandal Vikas Nigam
2022 Latest Caselaw 1641 UK

 IN THE HIGH COURT OF UTTARAKHAND
             AT NAINITAL
                      Appeal From Order No. 170 of 2022

Vinod Negi.                                                   ..............Appellant.
                                            Versus

Garhwal Mandal Vikas Nigam.                                ................Respondent.

Present:
Mr. Piyush Garg, learned counsel for the appellant.
Mr. Sandeep Kothari, learned counsel for the respondent.


                    Date of Hearing and Judgment: 26.05.2022

Coram:-
Sri Sanjaya Kumar Mishra, ACJ.
Sri Ramesh Chandra Khulbe, J.

Upon hearing the learned counsel for the parties, the Court made the following judgment:- (Per Sri S.K. Mishra, ACJ)

1. In a similar matter, the Coordinate Bench, in which one of us namely Shri Ramesh Chandra Khuble, J, was one of the Members, has passed the following order on 06.05.2022 in A.O. No. 147 of 2022:

"Heard learned counsel for the parties. This appeal is filed under Section 37 of Arbitration and Conciliation Act, 1996 against an order passed by Commercial Court, Dehradun, on 25.04.2022. By the said order, notice was directed to be issued to respondent, on appellant's interim relief application filed with his application under Section 9 of the aforesaid Act. Learned counsel for the appellant submits that learned Court below erred in not granting ex-parte interim order in favour of the appellant in view of the peculiar facts and circumstances of the case. We have gone through the impugned order. Learned court below has fixed 25.05.2022 for disposal of interim relief application of the

appellant. We do not find any infirmity in the impugned order, as other side has to be heard before passing any interim order. Order 39 Rule 3 CPC also provides for issuance of notice, before granting temporary injunction.

Thus, there is no scope for interference in the matter. Learned counsel for respondent assures the Court that his client will enter appearance before Commercial Court and file objection against appellant's application, on or before 20.05.2022. Having regard to the facts and circumstances of the case, we request learned Commercial Court to consider and decide the interim relief application filed by appellant along with his application under Section 9 of Arbitration and Conciliation Act, 1996, on the next date fixed, i.e. 25.05.2022. If it is not possible for any reason to dispose it of on the date fixed, then the same shall be disposed of on any other day, within one week thereafter. Learned counsel for the respondent submits that appellant is lifting river bed material without paying requisite charges to the respondent. Learned counsel for the appellant submits that his client will deposit a sum of Rs 50,00,000/- with the respondent, on or before 09.05.2022 and a further sum of Rs. 50,00,000/, on or before 16.05.2022. Subject to deposit of the amount, as aforesaid, no coercive action shall be taken against appellant till disposal of his interim relief application. Upon deposit of such amount by appellant, respondent shall issue e-ravanna in favour of appellant and the charges payable for e-ravanna, shall be adjusted against the amount deposited by appellant. Both the parties shall maintain account of the quantity of the mineral removed, number of e-ravanna issued and the charges payable for each e-ravanna. With the aforesaid observation, the appeal is disposed of."

2. Learned counsel appearing for both the parties submit that they have no objection if similar order is passed.

3. Accordingly, appeal is disposed of directing the appellant to deposit a sum of Rs 50,00,000/- with the respondent, on or before 02.06.2022 and he shall further deposit a sum of Rs. 50,00,000/, on or before 09.06.2022. Subject to deposit of the amount, as aforesaid, no coercive action shall be taken against appellant till disposal of his interim relief application. Upon deposit of such amount by appellant, respondent shall issue e- ravanna in favour of appellant and the charges payable for e- ravanna, shall be adjusted against the amount deposited by appellant. Both the parties shall maintain account of the quantity of the minor mineral removed, number of e-ravanna issued and the charges payable for each e-ravanna. We also direct the Commercial Court to consider and decide the interim relief application filed by the appellant on the next date fixed and if it is not possible for any reason to dispose it of on the next date fixed, then the same shall be disposed of on any other day, within 15 days therefrom.

(Ramesh Chandra Khulbe J.) (Sanjaya Kumar Mishra) Acting Chief Justice.

SKS