NLC TAMILNADU POWER LIMITED Vs. SICAL LOGISTICS LIMITED

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been focussed challenging the order dated 26.11.2018 passed in Arbitration O.P.No.72 of 2018, by the learned Principal District Judge, Tuticorin.

(2.) Facts leading to the filing of the present Civil Miscellaneous Appeal, briefly narrated, are as follows:

(3.) Mr.R.Senthil Kumar, learned Counsel appearing on behalf of Mr.K.R.Laxman, learned Counsel on record for the appellants contended that the impugned order dated 26.11.2018 passed in Arbitration O.P.No.72 of 2018, by the learned Principal District Judge, Tuticorin, is liable to be set aside, for the simple reason that the direction given to maintain status quo in respect of the expired contract for a period of three months from 26.11.2018 is contrary to the provisions of the Specific Relief Act, 1963. In effect, under Section 9 of the Arbitration and Conciliation Act, 1996, the respondent sought for an interim mandatory injunction to direct the continued performance of an expired contract by the appellants. By the impugned order, the learned Principal District Judge, Tuticorin, accepted the claim of the respondent and granted status quo of the contract in favour of the respondent for a period of 3 months, i.e., till 25.02.2019.