Corp. Ltd. Vs. Prysmian Cavie Sistemi Energia S.R.L. & ANR  INSC 1686
(29 October 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO.7270 OF 2009 (@ L.P.(C)No.22053/2009)
NICCO CORP.LTD. Appellant VERSUS PRYSMIAN CAVIE SISTEMI ENERGIA S.R.L &
O R D E R
appeal is directed against the order dated 29th July, 2009 of the Division
Bench of the Calcutta High Court whereby it vacated the interim order passed by
the learned Single Judge in G.A. No.678 of 2009 in C.S. No.69 of 2009.
heard learned Senior Counsel appearing for the parties at length and perused
the records. We find even though the Division Bench did notice the plea of
respondent no.1 that the Frame Agreement has 1 been superseded or novated on
8th October, 2008 and such agreement of novation has again been superseded on
4th December, 2008, and as such there is no arbitration agreement subsisting
between the parties, but without deciding whether said plea is tenable, vacated
the ad interim injunction granted by the learned Single Judge apparently
because it was of the view that in such matter the Court does not have
jurisdiction to stand in the way of any arbitration proceeding held outside
Division Bench then directed the parties to file affidavits and requested the
learned Single Judge to decide the injunction application at the earliest.
view, the Division Bench should have examined the entire issue in the light of
the pleadings of the parties and documents produced by them and then decide
whether the ad interim order passed by the 2 learned Single Judge deserves to
be continued or vacated.
further of the view that ends of justice will be met and the litigation will be
shortened if the Division Bench is requested to decide the injunction
application filed by the appellant in its entirety in the light of the
pleadings and documents of the parties.
result, the appeal is allowed, the impugned order is set aside.
no.1 is directed to file reply to the injunction application along with
documents within a period of two weeks from today. Further affidavit and
documents on behalf of the appellant herein may be filed within the next two
weeks. The Division Bench of the High Court is requested to dispose of the
injunction application itself within eight 3 weeks thereafter without being
influenced by the observations, if any, made in the impugned order.
interim order, which was granted by this Court while issuing notice, shall
continue for a further period of three months or till the disposal of the
injunction application by the Division Bench of the High Court, whichever is
earlier. We make it clear that it would be open for the parties to move this
Court for an appropriate order in the event the injunction application is not
decided within the time specified by us herein above.
.......................J. (TARUN CHATTERJEE)
.......................J. (G.S. SINGHVI)