SATURN FABRICATORS Vs. UNION OF INDIA

JUDGEMENT

(1.) The long and short of the petitioner's case is that pursuant to the tender floated, petitioner was granted the work order, which was for the purpose of construction of BCNHL shed, bogee shop, hardonite flooring, dismantling of track and existing shed/structure in connection with the work of "Creation of infrastructure for periodical overhauling of 200 BCNHL wagon per month at Pratap Nagar, Vadodara". On the ground that respondent has not made available the sites, design and approvals, petitioner is said to have not completed the work. After exchange of communications, it resulted in termination of the contract by respondent vide notice dtd. 26/3/2021. Hence, petitioner has filed an application under Sec. 9 of the Arbitration and Conciliation Act , 1996 (hereinafter referred to as "the Act" for short) seeking grant of interim measures. Copy of the said application is at Annexure-AR, whereunder petitioner has prayed for setting aside the termination notice and has also sought for restoration of the position as it was existing on 25/3/2021 and ad-interim relief pending admission and final hearing of said application has also been sought for.

(2.) Though Mr. Arjun Seth, learned counsel appearing for the petitioner has commenced his arguments by touching upon merits of the case, having understood that the issue now canvassed in the present petition is at large before the Civil Court in the application filed under Sec. 9 of the Act, he has submitted that petitioner would be satisfied if a direction is issued to the jurisdictional court adjudicating the application filed under Sec. 9 of the Act to dispose of the same within a time frame so as to avoid any conflicting orders being passed by this Court as well as the trial court adjudicating application filed under Sec. 9 of the Act.

(3.) In fact, in the reply affidavit filed, respondents have contended that the petitioner should not be permitted to prosecute his claim in different forums.