QUIPPO ENERGY PVT LTD. Vs. KANERIA GRANITO LTD

JUDGEMENT

(1.) THE appellant is original plaintiff whereas respondents are original defendants and they are referred in the same capacity in this matter.

(2.) THE judgment and order dated 30/09/2013 in Civil Misc. Application No.89 of 2013 by the District Court, Ahmedabad (Rural) is under challenge. By the said order, the application for interim relief is partly allowed in terms of prayer 29[B] of the application at Exh.25. Such application is filed under Section 9 of Arbitration and Conciliation Act, 1996, for a mandatory order directing the defendants to hand over the peaceful possession of the plant and machinery belonging to the plaintiff company and to allow them to lift and shift the plant and machinery from the site of the defendants to its yard and also for injunction restraining the defendants from creating any third party right by alienation of the plant and machinery in any manner.

(3.) IN the impugned judgment, trial Court has reproduced all such details and relied upon them for granting prohibitory interim relief so as to restrain the defendants from alienating or creating any third party interest. The defendants have not disputed all such contentions regarding existence of agreement between the parties and possession of the plant and machinery with them. Therefore, reproduction of all such details are not necessary.