LARSEN AND TOUBRO LIMITED ECC DIVISION CHENNAI Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA NEW DELHI AND

JUDGEMENT

(1.) APPLICATION Nos. 5746 of 2008 and 1229 of 2009 APPLICATION No. 5746 of 2008 is filed under Section 9 of the Arbitration and Conciliation Act for an interim protection to direct the respondent to refrain from levying any liquidated damages on the applicant herein and/or appropriating any amount towards liquidated damages from the bills of the applicant.

(2.) APPLICATION No. 1229 of 2009 is filed by the respondent to vacate the order of interim injunction granted by this Court on 17.12.2008 and dismiss the application No. 5746 of 2008 with exemplary costs.

(3.) IN the background of these facts, the respondent made a preliminary objection on the very maintainability of the application under Section 9 of the Arbitration and Conciliation Act, 1996, apart from countering the merits of the claims of the applicant for an injunction in the application. The respondent contends that invoking of the provision under Section 9 of the Arbitration and Conciliation Act is too premature and that the situation for invoking the same has not yet risen for this Court to assume jurisdiction. Consequently, the application has to be rejected.