UNION OF INDIA Vs. TRIMURTI CONSTRUCTION AJMER

JUDGEMENT

(1.) MATTER was finally heard with the consent of the learned counsel for the parties.

(2.) THE appellants seek to quash the order dated August 4, 2000 of the learned Additional District Judge Ajmer whereby application of the respondent moved under Section 9 of the Arbitration and Conciliation Act, 1996 (for short 1996 Act) was allowed and the appellants were restrained from proceeding further in pursuance to letter dated March 2, 2000 and from withholding the amount which is more than the amount payable under contract or Rs. 13,81,706. 20 whichever is less and from making adjustment of amount payable to the respondents under other contracts.

(3.) THEIR Lordships of the Supreme Court in H. M. K. Ansari vs. U. O. I. (1), propounded that an order injuncted a party from withholding the amount due to the other side under pending bills in other contracts necessarily means that the amount must be paid. If the amount is withheld there will be a defiance of the injunction order and that party could be hauled up for infringing the injunction order.