ENGINEERING PROJECTS PRIVATE LIMITED Vs. ISHWARI PARSAD GANERIWALA

JUDGEMENT

(1.) By this application moved under sections 11 and 12 of the Contempt of Courts Act, 1971 read with section 151 of the Code of Civil Procedure, the petitioner seeks initiation of contempt of court proceedings against the respondent I.P. Ganeriwala alleging wilful disobedience on his part of this Court's order as also abuse of the process of law.

(2.) The facts which have occasioned filing of this petition are that the petitioner herein had filed a petition under section 11 of the Arbitration Act seeking removal of the arbitrator to whom the disputes between the parties were referred. After the respondent put in appearance and sought time to file the reply to that petition, he moved and interim application (I.A. 2919/82) on 13th August 1982 praying, inter alia, that appropriate injunction be issued against the petitioners restraining them from encashing the bank guarantees which he had furnished, as per details given in the body of the interim application, which according to him were furnished either for release, of the raw material or by way of security deposits.

(3.) On this application being taken up, G.C. Jain, J. (as he then was) and before whom the main petition under section 11 of the Arbitration Act (OMP No. 68/82) was pending, passed the following order on August 16, 1982 :