Allahabad High Court
M/S Sahakar Global Ltd. Thru. Its ... vs U.P. Expressway Industrial Devlp. ... on 30 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. - 12 of 2022 Appellant :- M/S Sahakar Global Ltd. Thru. Its Authorised Signatory Stephen Lobo Respondent :- U.P. Expressway Industrial Devlp. Authority By Its Chief Executive Officer Counsel for Appellant :- Pritish Kumar,Amal Rastogi Hon'ble Attau Rahman Masoodi,J.
Hon'ble Om Prakash Shukla,J.
Permission sought was granted and that is how the matter has come up before us today itself.
Realization of stamp duty at four percent instead of two paid by the appellant in terms of the agreement is the bone of contention.
Exercising our jurisdiction under Section 13 of Commercial Courts Act read with Section 37 of the Arbitration and Conciliation Act as well as Article 227 of the Constitution of India, we hereby direct the Commercial Court, Lucknow to consider and decide the pending application for interim relief filed by the appellant alongwith the application under Section 9 of the Arbitration and Conciliation Act, 1996 expeditiously, preferably, on or before 5.9.2022. The appellant shall make an application for pre-pontment of date before the Commercial Court within a period of two days from today. The bank guarantee extended by the appellant shall not be invoked till 5.9.2022 subject to the outcome of interim relief application. The protection granted to the appellant may not be understood for this Court to have dealt with the matter on merit which the court below may decide in accordance with law. This order is passed in the peculiar facts and circumstances of the case. The parties are expected to co-operate with the proceedings. The bank guarantee shall also adhere to the terms and conditions of the agreement. The appeal is accordingly disposed of.
Copy of the order shall be made available to the learned Chief Standing Counsel.
(Om Prakash Shukla,J.) (Attau Rahman Masoodi,J).
Order Date :- 30.8.2022 SKS