9911796707
TMI Blog2020 (9) TMI 1204X X X X Extracts X X X X X X X X Extracts X X X X ..... VIII Rule 5 of the Code of Civil Procedure, 1908. Further, it is not enough for the petitioner to establish a prima facie case, balance of convenience and irreparable loss; additionally, the petitioner would have to establish, on facts, that, were security not to be directed as prayed, the arbitral proceedings were likely to be frustrated. Section 9 is not intended to operate as an alternative to Section 17. Prima facie, the concern expressed by Mr. Ravi Ranjan is purely in the realm of apprehension and conjecture at present. It Signature Not Verified Digitally Signed hinges on several imponderables, with no supportive material forthcoming from the record - that apart, the mere perceived difficulty in the enforcement of a possible arbitr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of running accounts bills submitted by the petitioner, consequent breach, by Respondent No.1, of Clause 3.3 of the sub-contract agreement and discontinuance of the allocation of work to the petitioner, by Respondent No.1. It is not necessary, for the present, to refer, in detail, to these facts. 6. Suffice it to state that, on 30th September, 2019, a payment adjustment sheet was issued by Respondent No. 1, calling upon the petitioner to terminate the sub-contract agreement, whereupon the petitioner addressed the following e-mail, on 7th November, 2019, to the respondents. Dear Sir, Now it is OK and acceptable. Proceed further to close the contract. GST return will be filed by me on agreed time. Thanks Regards Nirbhay Pra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y One Lakhs Thirty Nine Thousand Nine Hundred and Twenty Five) to secure the recoverable amount of the petitioner. c. Direct the respondents to file an affidavit giving full details and particulars of all their respective moveable, immovable, tangible and intangible assets including statement of accounts within such time as this Hon'ble Court deems fit and proper. d. Pass an ad interim ex parte order/s in favour of the petitioner and against the respondents to secure the amount of ₹ 3,61,39,925/- (Rupees Three Crore Sixty One Lakhs Thirty Nine Thousand Nine Hundred and Twenty Five) recoverable in arbitration proceeding in terms of clause 2.9 and clause 14 of the Sub-Contract agreement dated 10.01.2018 till the pendency of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bitral proceedings frustrated even before they commence. 13. To a specific query from the Bench, as to whether any averment, demonstrating such imminent urgency, was contained in the petition, Mr. Ravi Ranjan, learned counsel appearing for the petitioner, submits that his client apprehended that as the contract may be completed in a month or two, Respondent No. 1 may possibly leave the country, thereafter, as it has no principal place of business in India. Were these eventualities to take place, Mr. Ravi Ranjan submits that execution of any award, which might ultimately be passed in favour of his client, would become a practical impossibility. 14. Prima facie, the concern expressed by Mr. Ravi Ranjan is purely in the realm of apprehen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n independent claim, which would have to be examined in appropriate arbitral proceedings. 20. No occasion, therefore, arises, to issue notice on this petition qua prayer (b), which is rejected at the outset. 21. Prayer (c) in the petition is for a direction to the respondents to file an affidavit giving the details of their moveable, immovable, tangible and intangible assets. This, again, is not a prayer which can be granted under Section 9 of the 1996 Act, and is, accordingly, rejected. 22. Prayer (d) in the petition is for ad interim orders in terms of prayer (a) and prayer (b). In view of the above discussion, prayer (d) is rejected. 23. As a result, issue notice in this petition to the respondents only qua prayer (a). 24. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
