SURAJ RAI Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THE Court :- This is an application under section 41 of the Arbitration Act made by M/s. Suraj Roy and Brothers praying inter alia for an. order of injunction restraining Coal India Ltd, the respondent herein from encashing the bank guarantees mentioned in paragraphs 7 and 41 of the petition. THE petitioner is also praying for a mandatory injunction directing Coal India the petition are as hereunder :- <FRM>JUDGEMENT_121_CALLT2_1994Html1.htm</FRM>

(2.) THE particulars of the bank guarantees as given in paragraph 7 of the petition are as hereinunder :-

(3.) THE case made out by the petitioner is that the petitioner is entitled to make a claim against Coal India Ltd. to the extent of more than Rs. 46,00,000/-. THE further case of the petitioner is that the respondent Coal India Ltd. is not entitled to make any claims as against the petitioner. From the petition of the petitioner as also the document annexed to the petition it appears that certain claims were made by Coal India Ltd. As against the petitioner. However, this Court is not concerned at this stage with the validity of such claims either of the petitioner against Coal India Ltd. or of Coal India Ltd. against the petitioner. THE claims and counter claims if any of the parties, may be decided by the Arbitrator in case the petitioner succeeds in its application under section 20 of the Arbitration .Act which is pending before this Court.