LAWS(ORI)-2022-3-19

KHANDELWAL STEEL AND PIPES Vs. KUSUM DHAL

Decided On March 28, 2022
Khandelwal Steel And Pipes Appellant
V/S
Kusum Dhal Respondents

JUDGEMENT

(1.) Mr. Rath, learned advocate appears on behalf of appellant and submits, impugned is judgment dtd. 17/2/2022 whereby though the Court below found prima facie case but refused injunction saying the inconvenience is temporary. He submits, his client is tenant for commercial purpose. His client's business is being obstructed by stacking of bricks and ultimately construction of wall to prevent access to his client's warehouse under the tenancy. There be direction for interim measure to protect his client, pending resolution on disputes by arbitration.

(2.) Mr. Mohapatra learned senior advocate appears on behalf of respondents and draws attention to agreement clause 17 in tenancy agreement dtd. 10/2/2020. He relies on the following, in the clause.

(3.) Without prejudice to his above contention he submits further, appellant has not taken any step for appointment of arbitrator. The petition made under sec. 9 of Arbitration and Conciliation Act, 1996 was with oblique motive and there should not be interference in impugned judgment. There is also fraud involved.