GKC PROJECTS LTD Vs. UNITECH MACHINES LTD

JUDGEMENT

(1.) The present application is filed by the plaintiff seeking ex parte injunction to restrain the defendant from pursuing in any manner or taking steps to pursue the arbitration initiated by the defendant before Justice J.D Kapoor (Retd.), Sole Arbitrator.

(2.) The accompanying suit is filed seeking a declaration that the Arbitration Agreement under the Contract between the plaintiff and the defendant has ceased to exist and is inoperative and that the appointment of the sole arbitrator under the Contract between the plaintiff and the defendant is non-est, null and void. Other connected reliefs are also sought.

(3.) The defendant was awarded a Contract in May 2010 for execution of works relating to large diameter Circulating Water and other connected work by Jindal Power Ltd. at Raipur in Chhattisgarh. Pursuant to the said order, the defendant awarded to the plaintiff a work order dated 14.05.2010 being work for loading and unloading, shifting, storage at site, fabrication, erection, testing and commissioning of piping, mechanical equipment erection, application of primer & wrapping coating, etc. and other miscellaneous work for a total value of about Rs. 10.15 crores. Subsequently, some amendments were carried out to the original work.