UNION OF INDIA Vs. SARAVANA CONSTRUCTION PRIVATE LIMITED

JUDGEMENT

(1.) Application No. 1432 of 2009 has been filed by the Union of India under Section 9 of the Arbitration and Conciliation Act, 1996 (for brevity, "the Act") for a direction against the respondent (Construction Company) to furnish security for a sum of Rs. 50.00,000/- till the finality in the subject- matter of No. CECZ/STM/MH/01/2002-2003 is reached.

(2.) The Union of India has also filed O.A. No. 287 of 2009 for an injunction restraining the respondent (Construction Company) from drawing any sum, which is subject-matter of E.P. No. 66 of 2008 on the file of the Principal District Court, Visakhapatnam. Andhra Pradesh in the subject-matter of contract No. CEMZ/ARK/28 of 1987-88. till the finality in the subject-matter of No. CECZ/STM/MH/01/ 2002-03 is reached. By order dated 6-4-2009, this Court has granted an order of injunction, which was subsequently continued.

(3.) The respondent in Original Application No. 287 of 2009, which is a Construction Company, has filed Application No. 2239 of 2009 to vacate the said order of injunction.