STERLITE INDUSTRIES (INDIA) LIMITED Vs. HAGRPOTA FOR TRADING COMPANY LTD AND DISTRIBUTION AND ICC INTERNATIONAL COURT OF ARBITRATION

JUDGEMENT

(1.) Heard both sides.

(2.) The revision Petitioner is the Plaintiff in O.S. No. 59 of 2009, on the file of the Principal District Court, Tuticorin. The revision Petitioner herein filed a suit for declaration that no enforceable contract No. 4 dated March 25, 2009 has been concluded between the Plaintiff and the first Defendant and consequential relief of restraining the Defendants 1 and 2 from proceeding in any manner whatsoever including any arbitral/legal proceedings. Along with the suit, the Plaintiff/revision Petitioner filed I.A. No. 228 of 2009 for the relief of Ad-interim injunction, restraining the Respondents/Defendants from acting upon the said contract No. 4, dated 25 March 2009 or by making any claim upon the revision Petitioner herein or utilising/enforcing the said alleged contract No. 4, dated March 25, 2009 in any manner whatsoever including in any arbitral/legal proceedings.

(3.) In the plaint as well in the petition, the revision Petitioner has stated in detail that the contract No. 4 was not accepted by the Plaintiff and the Defendants cannot take any action under the said contract. I purposely do not want to dwell on the merits of the averments made in the plaint as well in the interlocutory application, having regard to the scope of the revision petition filed by the revision Petitioner.