AVENTS PASTUER S A Vs. CADILA PHARMACEUTICALS LIMITED

JUDGEMENT

(1.) Aventis Pasteur S.A. - appellant - original opponent has filed this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act') against the order dated 16.9.2002 passed by the learned City Civil Court, Ahmedabad in Civil Miscellaneous Application No. 499 of 2002 - an Application under Section 9 of the Arbitration Act Order below Exh. 1. The learned judge by his impugned order held that it requires proper consideration that how and when such Distribution Agreement can be terminated by either of the parties and with what effect. The learned judge further held that till final determination and conclusion of the point raised by the petitioner- M/s. Cadila Pharmaceuticals Ltd.-original applicant (respondent in appeal) in the main petition, it would be appropriate to restrain the opponent from enforcing or implementing the termination notice dated 18.3.2002, the right of the petitioner to safeguard its interest in the subject matter would be frustrated. Thereafter the court granted further relief that in the circumstances the petitioner files an undertaking to the aforesaid extent, then the office is directed to issue an ex-parte ad-interim injunction in terms of paragraph No. 10(a), (b) and (c) against the opponent making it effective till 25th instant.

(2.) The facts giving rise to this appeal are as under:

(3.) Mr. S.B. Vakil, learned sr. advocate with Mr. Mayank Buch, appeared on behalf of the opponent. The learned counsel has submitted that the aforesaid order of the learned judge is without jurisdiction. He has invited my attention to the provisions of the Arbitration and Conciliation Act, 1996.