NARINDER KUMAR SEHGAL GOVT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved against the order passed by the learned trial Court refusing to grant injunction in terms of Section 41(b) of the Indian Arbitration Act read with Rule 4 Second Schedule and Section 151 CPC.

(2.) The petitioner challenged the order passed by the learned trial Court whereby his application for injunction restraining the respondents from effecting any recovery from amount/bills due to it from other/accounts, was dismissed. The petitioner has relied upon Union of India v. Raman Iron Foundry, 1974 AIR(SC) 1265 to contend that petitioner cannot get an ad interim injunction if the contractor apprehends that certain payments under the other bills could be withheld. The Hon'ble Supreme Court in H.M. Kamaluddin Ansari v. Union of India, 1984 AIR(SC) 29 and Sant Ram and Co. v. State of Rajasthan, 1997 AIR(SC) 2557, has considered the said judgment and held that the respondents are entitled to effect recovery from the contractor from the bills payable in respect of other contracts.

(3.) In view of the above, there is no merit in the revision petition and the same is dismissed.