LAWS(GJH)-2013-8-63

TECNIMONT ICB PVT LTD Vs. AFCONS INFRASTRUCTURE LTD

Decided On August 30, 2013
Tecnimont Icb Pvt Ltd Appellant
V/S
AFCONS INFRASTRUCTURE LTD Respondents

JUDGEMENT

(1.) Admit. Learned advocate Mr. Nandish Chudgar waives service of notice for the respondent, who appears on the basis of the Caveat. With the consent of learned counsels for the parties, the matter is taken up for final hearing at the admission stage.

(2.) The appellant challenges issuance of adinterim ex parte injunction order by the learned 3rd Additional District Judge, Bharuch.

(3.) Broadly stated, respondent No.2, Oil and Natural Gas Corporation ["ONGC" for short] had engaged the appellant to set up PP & PE Plant at Dahej Bharuch. The appellant, in turn, has entered into contract with the respondent No.1. It is subcontract. It was submitted that the project undertaken by the appellant via this contract with ONGC is of Rs. 2000 Crores, while the subcontract with respondent No.1 is of about Rs. 100 Crores. The said subcontract for part of PP & PE Plant was said to have been entered into on 24.11.2011. Thereafter, on 19.7.1913, the appellant had terminated the said subcontract with respondent No.1. It appears that to resolve the differences, a joint meeting was held on 6.8.2013. Much of the arguments by the learned advocates for the parties centers around the minutes of the meeting dated 6.8.2013. In the said meeting, parties had considered continuing or reviving of the contract with respondent No.1. On 12.8.2013, respondent No.1 filed an application before the District Court, Bharuch under Section 9 of the Arbitration Act, which was registered as Misc. Civil Application No. 141/2013. In that application, the trial Court, after considering the material placed on record and considering the submissions of the learned advocate for the applicant, was pleased to pass the following operative order below Exh.40 ;"