RSPL LIMITED Vs. SIMPLEX INFRASTRUCTURE LTD

JUDGEMENT

(1.) Learned senior advocate Mr.Kamal Trivedi with learned advocate Mr.Abhishek Mehta appears for the appellant and learned senior advocate Mr.R.S.Sanjanwala with learned advocate Mr.Pranjal M. Buch appears for the respondent.

(2.) Learned Commercial Court- 11th Additional District Judge, Ahmedabad (Rural) at Mirzapur rejected by his order dtd. 13/7/2021, Exhibit 5 application being Civil Miscellaneous Application No.109 of 2020 filed by the appellant herein. It was an application under Sec. 9 of the Arbitration and Conciliation Act , 1996, seeking interim measures.

(3.) It appears that the appellant RSPL Limited entered into a contract dtd. 25/4/2016 with the respondent for commissioning a Soda-Ash Plant at Devbhoomi, Dwarka. Under the contract the appellant was to provide material to be known 'Free Issue Material' (FIM) to the respondent comprising of cement, reinforced steel, structural steel, roll deck sheet, roof and another such building construction material. While further details of the contract are not necessary to be noticed, the contract was terminated by the appellant on 13/1/2019. Disputes arose between the parties in relation to the contract which gave rise to the aforementioned application under Sec. 9 of the Arbitration and Conciliation Act . The contract in question contained the arbitration clause.