M/S.J.G.Engineers Pvt.Ltd vs Union Of India & Anr on 28 April, 2011
12. We may state that reliance placed by the lower court in judgments in J.G. Engineers (P) Ltd v. Union of India (2011) 5 SCC 758 and Sundaram Finance Ltd v. NEPC India Ltd, 1999 2 SCC 479, are misplaced. In placing reliance on judgment first informed the lower court has totally missed the important aspect of balance of convenience. Similarly in placing reliance on judgment second informed, the court below has failed to see that merely because the respondent has made manifest its intention and sought recourse to arbitration proceedings by moving O.P.No.148/2012 before this court, it would not be entitled to discretionary relief of injunction unless it is able to establish that it is capable of avoiding the inconvenience caused to the other side by its conduct.