S.B.CIVIL MISC. APPEAL NO. 909/2008
(M/s Inderjeet Choda vs. State of Raj.)
DATE OF ORDER : 13/7/2009
HON’BLE DR.JUSTICE VINEET KOTHARI
Mr.M.S.Panwar, for the appellant.
Mr.Yashpal Khileree, for the respondent.
This appeal is directed against the order dated 26/5/2008
passed by the learned District Judge, Ganganagar under Section 9 (e)
of the Arbitration and Conciliation Act, 1996, whereby, the prayer for
interim relief by the contractor petitioner was rejected.
It is well settled law that interference by Court in arbitration
matters under the Act of 1996 is very limited and for disputes of
urgent and emergent nature the parties to the arbitration can approach
the Court under Section 9 (e) of the Act.
It appears in the facts and circumstances of the case that this
appeal is unnecessarily pending before this Court. Since the dispute is
admittedly pending before the learned Arbitrator and both the parties
are represented their, this appeal is disposed of by directing the
learned Arbitrator to proceed expeditiously with the arbitration
proceedings and conclude the same preferably within a period of one
year from today. In the facts and circumstances of the case, recovery
of amount in question from the petitioner contractor in the present
case shall remain stayed till Arbitrator decides the dispute between
the parties.
The appeal is disposed of.
(DR.VINEET KOTHARI),J .
item no.44
baweja/-
