NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. UEM ESSAR

JUDGEMENT

(1.) THESE appeals have been filed under Section 37 of the Arbitration and conciliation Act,1996 against the order dated 14. 8. 2009 passed by the arbitral Tribunal dismissing the appellant's application under Section 17 of the Act. The application was filed by the appellant seeking to restrain the respondent from taking over the machinery which belonged to the respondent and which was used by the respondent in performance of its work till the cancellation of the contract by the petitioner. The exact prayer clauses of the application filed before the Arbitration Tribunal are as under:-

(2.) THE appellant claims his right in terms of clause 63. 1 of the Contract and which is reproduced below:

(3.) ON the basis of the aforesaid clause, it is contended by the learned senior counsel for the appellant that the machinery in question becomes of the appellant and which it is in fact not only entitled to use but also sell at any point of time.