Axon Constrn. P. Ltd. Vs. Om Astha Constrn. P. Ltd. & Ors.
The Arbitration and Conciliation Act, 1996 - Section 8 , The Code of Civil Procedure, 1908 - Order XLIII Rule (1) , Constitution of India, 1950 - Article 227
Interim Order - Passed by Trial Court - Writ petition filed against the same before dismissed by Single Judge holding the same as non-maintainable and the order passed by the trial Court was an appealable order under Order 43 Rule 1 - Submission by the appellant that he would be satisfied if the trial Court, who is seized of the application made by the appellant under Section 8 of the Arbitration Act in the aforementioned suit and is also seized of the injunction application, is directed to ensure their expeditious disposal on merits in accordance with law because no orders one way or other have so far been passed since long causing inconvenience and injury to all parties concern -Prayer made by the appellant held to be reasonable - Special leave petition disposed of by directing the Sub-Judgeto decide the application made under Section 8 of the Arbitration Act in T.S. No 789 of 2013 and the injunction application on their respective merit in accordance with law after affording an opportunity to the parties preferably within 6 weeks from the date of production of this order.
Topic(s)-Arbitration - Interim Order - Directions issued to trial court