SUZLON ENERGY LTD. Vs. VISHAL PLASTOMAR PVT. LTD.

JUDGEMENT

(1.) M/S.Suzlon Energy Limited, appellantoriginal respondent, has filed this appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment and order dated 4.5.2007 passed by the learned City Civil Judge, Court No.12, Ahmedabad below Notice of Motion in Civil Misc.Application NO.376 of 2007 i.e. application filed under Section 9 of the Arbitration Act. By the impugned order the learned Judge granted interim relief in terms of para 16(D) of the Notice of Motion and meanwhile the applicant shall produce the unconditional bank guarantee of Rs.5 lacs within four weeks from the date of the order.

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

(3.) In view of the aforesaid circumstances, the petitioner M/s.Vishal Plastomer Pvt.Ltd. filed an application under Sec.9 of the Arbitration Act against M/s.Suzlon Energy Ltd., the appellant herein in this behalf. In the said application, various facts have been set out which I have considered earlier in this behalf. In para 14 of the application, it has been mentioned that the petitioner is legally entitled to recover certain amount from the respondent, however, the details with regard as to how it is to be recovered have not been given. Further, it has been mentioned that the balance of convenience is in favour of the petitioner. How the balance of convenience lies in favour of the petitioner has not been mentioned. Ultimately, in para 16, various reliefs have been made.