9911796707
TMI Blog2020 (6) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... under Package No. TR Link (M.K.Para) (R)". In pursuance of the LOA dated 24/25.10.2011, an agreement No.70064/IBBW/Agreement/WS/656 dated 16.12.2011 was executed between the parties. In the said agreement dated 16.12.2011, an arbitration clause under Clause 76 of the GCC is stipulated which runs as follows:- "Clause 76.0 Arbitration: Both the parties shall make efforts to settle the disputes or differences amicably. If amicable settlement is not possible, the same shall be referred to the sole arbitrator of Chairman & Managing Director of NPCC or the person appointed by CMD, NPCC and the decision of the arbitrator shall be final and binding on both the parties. Arbitration shall be accorded in Indian Arbitration and Conciliation Act, 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it petitioner is reproduced herein below:- "In the premises aforesaid it is therefore prayed that Your Lordships may be pleased to admit this petition, call for the records and issue Rule upon the respondents to show cause as to why- (a) A writ in the nature of Certiorari should not be issued so as to set aside and/ or quash the impugned Termination Order bearing Ref. NEZ/IBBW/1630 dated 07.01.2020 (Annexure-14) issued by the respondent Zonal Manager terminating the contract for "Construction of Border Lind/Feeder Road to Indo-Bangladesh Border Fencing at Eastern Border of Tripura under Package No. TR Link (M.K.Para) (R) under Contract Agreement dated 16.12.2011 and thereby, forfeiting the security deposit and Bank Guarantees deposited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ref. NEZ/IBBW/1630 dated 07.01.2020 (Annexure - 14) issued by the respondent Zonal Manager, NPCC Limited; and /or, (ii) direct the respondents not to forfeit the security deposit and invoke Bank Guarantees deposited by the petitioner in terms of the Contract Agreement dated 16.12.2011; and/or, and/or be pleased to pass such other order or orders so as to give adequate interim relief to the petitioner pending disposal of the instant wit application. And for this act of kindness, the humble petitioner as in duty bound, shall ever pray." 6. From the reliefs sought for by the petitioner it cannot be inferred that the petitioner is seeking for protection of its fundamental rights. The reliefs as indicate are issues arising out of the contract ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt. On a specific query, Mr. Kalita submits that he would required 3 (three) months time from today to file an appropriate application before the Principal Civil Court as the petitioner is required to take the necessary leave as required under Section 33(5) of the Insolvency & Bankruptcy Code, 2016. 9. Keeping in view the factual matrix, more specifically the willingness shown by the petitioner seeking for invocation of the arbitration Clause prima facie, I am satisfied to grant the interim relief for a period of 2 (two) months from today, thereby directing the respondent Nos. 2 to 4 to maintain the status quo as on 05.02.2020 i.e. date on which the interim order was passed in this writ petition in respect of securities and the performance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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