LAWS(SC)-2014-9-32

STATE OF WEST BENGAL Vs. ASSOCIATED CONTRACTORS

Decided On September 10, 2014
STATE OF WEST BENGAL Appellant
V/S
Associated Contractors Respondents

JUDGEMENT

(1.) This matter has come before a three Judge Bench by an order of reference of a Division Bench of this Hon'ble Court dated 7th April, 2010.

(2.) The facts necessary to decide this matter are as follows:

(3.) The respondent herein filed an application under Section 9 of the Arbitration Act, 1996 for interim orders in the High Court of Calcutta. A learned Single Judge of the High Court of Calcutta, after granting leave under Clause 12 of the Letters Patent, passed an ad-interim ex-parte injunction order. This order was continued from time to time until it was confirmed by an order dated 10th December, 1998. Meanwhile, in an application under Section 11 of the Arbitration Act, Justice B.P. Banerjee (retired), was appointed as an Arbitrator to adjudicate upon the disputes between the parties. A Recalling Application filed by the State was dismissed on 20th January, 2000.