ENGINEERING PROJECTS INDIA LIMITED Vs. I D GANERIWALA

JUDGEMENT

(1.) By this application moved u/Ss. 11 and 12 of the Contempt of Courts Act, 1971 read with section 151, Civil Procedure Code the petitioner seeks initiation of contempt of court proceedings against the respondent 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 petitioner herein had filed a petition u/S. 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 an application (I.A. 2919/82) on 13.8 82 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 application, which according to him were furnished either for release of the raw material or by way of security deposits.

(3.) On this application G.C. Jain, J. passed the following order on 16.8.82.