APR PROJECTS PVT. LTD. (M/S.) Vs. RAJASTHAN STATE ROAD DEVELOPMENT & CONSTRUCTION CORPORATION LTD., JAIPUR AND ORS.

JUDGEMENT

(1.) These appeals are directed against order dated 8.4.2013 passed by the Trial Court, whereby, the application filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 (‘the Act’) has been rejected while accepting the application filed by respondents under Order 7, Rule 11 C.P.C.

(2.) The appellant filed an application under Section 9 of the Act seeking injunction against the respondents for maintaining status regarding Jodhpur -Osian - Phalodi State Highway, not to act against the contract, refrain from acting arbitrarily, from invoking bank guarantee, from disturbing the plant and machinery at the site and not to take further proceedings pertaining to E-tender No. 583/2012-13 and 580/2012-13.

(3.) The respondents appeared and filed application under Order 7, Rule 11 C.P.C., inter alia, on the ground that there is no arbitration agreement between the parties and for maintainability of application under Section 9 of the Act existence of arbitration agreement is sine qua non and for that reason the application was liable to be rejected.