PAWAN HANS HELICOPTERS LTD Vs. AES AEROSPACE LTD

JUDGEMENT

(1.) THIS petition has been filed under Section 9 of the Arbitration and conciliation Act, 1996 (hereinafter referred to as 'the said Act') seeking interim measures of protection which include restraining the respondent or its agents from alienating, encumbering, disposing of, selling, destroying, etc. , the goods in question and in allowing the petitioner to remove the said goods from the warehouse of M/s Sagar Warehousing Corporation and shift the same to its premises at Mumbai.

(2.) ON 20. 12. 2002, this Court, after hearing the petitioner and after considering the contents of the petition, was of the view that a prima facie. case for granting ex parte ad interim injunction in terms of prayer (a) of the petition had been made out and accordingly it was so ordered. Prayer (a) of the petition reads as under :-

(3.) BY virtue of IA No. 7863/2003, M/s Fly Jac Forwarders Transporters has sought the vacation of the ex parte ad interim order passed on 20. 12. 2002. It has also sought a direction that the petitioner be made to pay the pending bills of M/s Fly Jac Forwarders Transporters and of M/s Sagar warehousing Corporation as well as to make payments of the future bills till the removal of the goods from the warehouse of M/s Sagar Warehousing corporation. A prayer is also made that the petitioner be directed to remove the goods after paying the said dues till the date of removal of the goods.