DEEPAK NITRITE LTD Vs. SARA CHEMICALS & CONSULTANTS

JUDGEMENT

(1.) Dr Saraf for the Petitioner seeks to move for a time-limited urgent ad-interim relief without notice. The reason for moving ex parte is set out in paragraph 42 of the petition. I am satisfed that there is an adequate reason for so moving and for the purpose for limited injunction sought today will be defeated, or, at any rate, imperilled by any delay in giving notice. The prayers pressed in this ex parte ad-interim injunction are as follows:

(2.) The agreement is complex and requires some explanation. The petition itself is under Section 9 of the Arbitration and Conciliation Act 1996. The parties had, between them, a Technology Development and Services Agreement dated 8th December 2017. Clause 19 of that agreement has the dispute resolution clause. It reads thus:

(3.) The place of arbitration is Mumbai.