AIR 2005 GAUHATI 58 ::(2005) 2 ArbiLR 156 ::(2005) 1 Gau LR 526

Gauhati High Court

Hon'ble Judge(s): A. H. Saikia , J

(A) Constitution of India , Art.226, Art.227— Arbitration and Conciliation Act (26 of 1996) , S.9, S.37— Alternative remedy - Interim order under S.9 of Arbitration and Conciliation Act - Writ petition against - Alternative remedy of appeal under S. 37 - Not being adequate and efficacious in given facts and circumstances, writ petition held, maintainable. (Para 4) (B) Arbitration and Conciliation Act (26 of 1996) , S.9— Interim order including injunction - Can only be passed relating to any arbitral proceeding and that too before or during such proceedings. (Para 10 11) (C) Arbitration and Conciliation Act (26 of 1996) , S.9— Specific Relief Act (47 of 1963) , S.1— Contract for building construction - Breach of contract - Person aggrieved can be adequately compensated by initiation of civil proceedings - No interim relief by way of injunction can be granted under S. 9 in view of S. 41. (Para 12) (D) Arbitration and Conciliation Act (26 of 1996) , S.9— Interim relief of injunction - Grant of - Three golden principles under Law of Injunction, i.e. (1) P....