MAHAGUJ COLLIERIES LIMITED Vs. ADANI ENTERPRISES LIMITED

JUDGEMENT

(1.) Admit. By consent of the parties, both the arbitration petitions are taken up for hearing and final disposal.

(2.) Both these petitions have been filed by the petitioner under 37 of the Arbitration and Conciliation Act, 1996 (for short "the Act") challenging the order passed by the Arbitral Tribunal dated 19th March, 2018 (for short "the impugned order") under which the interim reliefs sought for by the petitioner herein was rejected and the interim relief sought for by the respondent herein was partially granted. The petitioner is the respondent before the arbitral Tribunal. The respondent herein is the claimant. For the sake of convenience, I shall refer to the parties as they were arrayed before the Arbitral Tribunal.

(3.) By Arbitration Petition No. 681 of 2018, the petitioner (the respondent before the Tribunal) takes exception to the impugned order insofar as it restrains the petitioner (the respondent before the Tribunal) from enforcing the demand notice dated 9th November, 2017, during the pendency of the arbitration proceedings. Arbitration Petition No. 682 of 2018 challenges that part of the impugned order by which the interim reliefs sought for by the petitioner (the respondent before the Arbitral Tribunal) were rejected by the Arbitral Tribunal. Since both the petitions arise out of the same arbitration proceedings, the facts in both the petitions are identical and hence both the petitions are being disposed of by this common order and judgment.