JAYA INDUSTRIES Vs. MOTHER DAIRY CALCUTTA

JUDGEMENT

(1.) The petitioner has filed the present application for interim relief under Sec. 9 of The Arbitration and Conciliation Act, 1996. The only question which arises is whether the Court should continue to entertain the application after constitution of the Arbitral Tribunal.

(2.) The application was filed on 10/2/2023 and the Arbitral Tribunal was constituted by an order of a learned Single Judge of this Court on 17/5/2023. The particulars of the orders passed in between are as follows.

(3.) After filing of the application on 10/2/2023, a Co-ordinate Bench passed an order on 15/3/2023 directing the respondents to show-cause as to why the respondents should not be directed to deposit a sum of Rs.5,95,40,498.60 before the Registrar, Original Side of this Court for securing the claim of the petitioner. The respondents were represented on the returnable date i.e. on 30/3/2023 when the matter was adjourned on the request of counsel appearing for the respondents. Affidavits were exchanged between the parties and recorded in the orders passed by the Court on 10/4/2023, 1/5/2023 and 14/6/2023. The respondents took an adjournment on 13/6/2023. Learned counsel appearing for the parties were thereafter heard on the question of whether the Sec. 9 application should continue as recorded in the order dtd. 22/6/2023.