K S AHLUWALIA Vs. INDRAPRASHTA GAS LTD

JUDGEMENT

(1.) THIS petition under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") has been made by the petitioner who was awarded a contract by the respondent for management and for operating services at gl/cng Station at Sarita Vihar and Jasola, New Delhi. The contract was initially granted in April 2002. It was renewed from time to time and the last renewal was done in April, 2006 valid up to 5 th April 2007. In April 2007, the contract was not renewed and the applicant filed a writ petition before this court being WP (C) No. 2086 of 2007. This writ petition was disposed of vide order dated 18th September, 2008 keeping in view the fact that the contract between the parties contained an arbitration clause being Clause No. 12 and the petitioner sought time from the Court to move an application/petition under Section 9 of the Act. At the time of entertaining the writ petition, a status quo order was passed by the Writ Court, which continued up to its disposal and the respondent gave an assurance to this Court that it will maintain status quo for further two weeks.

(2.) THE agreement between the parties contained following clause:

(3.) BY this application petitioner has prayed that this Court should continue status quo order till the Arbitral proceedings are finally disposed of. That implies a contract that has come to an end by efflux of time, should be continued by Court by way of interim injunction. The petitioner has already enjoyed such extension of contract on the basis of status quo order for about two years.