Usha Breco Ltd. And Anr vs Department Of Tourism And Civil ... on 3 May, 2023

[Cites 2, Cited by 7]

Himachal Pradesh High Court

Usha Breco Ltd. And Anr vs Department Of Tourism And Civil ... on 3 May, 2023

Bench: Satyen Vaidya

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                 Arb. Case No. 17 of 2022
                                                 Decided on: 03.05.2023




                                                                     .

     Usha Breco Ltd. and Anr.                                    ....Petitioners.

                                         Versus





     Department of Tourism and Civil Aviation, Himachal
     Pradesh and ors.
                                                   ...Respondents.

     Coram





     The Hon'ble Mr. Justice Satyen Vaidya, Judge.
     Whether approved for reporting?1

     For the petitioners             :   Ms. Aakriti Gupta, Mr. Ramanjit
                  r                      Singh and Mr. Ankit Kanwar,

                                         Advocates.
     For respondent No.1         :       Mr. Mohinder Zharaick, Additional
                                         Advocate General.

     For respondent No.3             :   Ms. Suhani Gautam, Advocate.



     Satyen Vaidya, Judge (Oral)

Learned counsel for the petitioners has submitted that Arbitrator has already been appointed in the matter by an order of this Court passed on 03.03.2023. The Arbitrator has already entered into reference and parties were required to appear before him on 29.04.2023.

1 Whether reporters of the local papers may be allowed to see the judgment?

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2. Vide order dated 15.03.2022, an interim protection was granted in favour of the petitioners and .

respondents were restrained from invoking/encashing the Bank Guarantee.

3. The interim measure granted under Section 9 of the Arbitration and Conciliation Act, 1996, has its limited scope and life and cannot continue forever.

4. Learned counsel for the petitioners has made a submission that an application under Section 17 of the Arbitration and Conciliation Act, 1996, shall positively be filed before learned Arbitrator within a week from today and interim orders will be sought by way of such application and till then protection of order dated 15.03.2022 be continued.

5. Prayer is not opposed. The Arbitrator has entered into reference only recently. Keeping in view the facts and circumstances of the case, the oral prayer made on behalf of the petitioners is allowed. The protection of order dated 15.03.2022 is extended till one week from today and thereafter petitioners shall be at liberty to seek further protection from the Arbitrator ::: Downloaded on - 03/05/2023 20:45:21 :::CIS 3 under Section 17 of the Arbitration and Conciliation Act, 1996.

6. No further directions or orders, except as above, needs to be issued in the petition in view of the fact that Arbitrator stands already appointed.

7. The petition is accordingly disposed of, so also the pending miscellaneous application, if any.





    3rd May, 2023
         (sushma)
                  r            to               (Satyen Vaidya)
                                                   Judge









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