The nature of the prayer made by the appellant in the Section 9 application determines the continuation of the interim order.

ORDER :

Civil Appeal @ SLP(C) No. 37709/2013

Leave granted.

2. The appellant – Ultratech Cement Limited, and the respondent - Rajasthan Rajya Vidyut Utpadan Nigam Limited, entered into an agreement in 2004. The respondent allowed the appellant to take away fly ash, without any payment, for a period of 5 years. It is not a matter of dispute, that the agreement commenced effectively in the year 2007, and as such, free supply of fly ash would continue up to the year 2012. The agreement, which was for a period of 10 years, allowed the respondent to raise a charge for taking away fly ash, after the initial period of 5 years.

3. In order to determine the commercial value of fly ash, the respondent issued notice, inviting tenders for the sale of fly ash, in the year 2011. Since the dispute between the parties was arbitrable, an application was filed by the appellant, under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act'), with the following prayers:

"Therefore, filing application along with affidavit, it is humbly prayed that allowing the application of the applicant company the respondent may be restrained by way of interim injunction that till adjudication of the dispute arises between the parties by appointing Arbitrator by the applicant as per Clause No.9 of the Agreement dated 15.10.2004 signed by and between the applicant and the respondent, passing of the award by the Arbitrator and also till enforcement of the said Award, the respondent may be restrained not to cancel the agreement dated 15.10.2004 and not to invite NIT in pursuance to the NIT No. SE (CAM) TN-3692 published on 24.8.2011, not to organize proposed pre-bid meeting on 26.9.2011, not to open the NIT on 10.10.2011, not to do any other act in this regard, not to create any hurdle or obstruction in utilization and disposal of fly ash generated in Unit No. 4 & 5 of Kota Thermal Power Station by the applicant company and also not to do any such act contrary to the terms and conditions mentioned in the Agreement dated 15.10.2014 and also not to do such act through his agent, servant, representative etc."

(emphasis is ours)

4. The District Judge, before whom that application came to be filed, passed an order dated 18.02.2012, accepting the prayer made by the appellant. Dissatisfied with the order passed by the District Judge, the respondent raised a challenge before the High Court of Rajasthan, by preferring S.B. Civil Miscellaneous Appeal No. 1859/2012. The High Court, by its order dated 18.11.2013, reversed the order passed by the District Judge on 18.02.2012.

5. Order dated 18.11.2013 was assailed by the appellant before this Court. This Court passed two orders, which are relevant for the present controversy, dated 13.12.2013 and 14.03.2014. Order dated 13.12.2013 is reproduced below:

"Taken on Board.

Application seeking exemption from filing official translation is allowed.

Issue notice returnable by the 2nd week of January, 2014.

Dasti service, in addition, is permitted.

In the meanwhile, the respondent-Nigam will not finalise the tenders pursuant to the Notice Inviting Tender dated 24th August, 2011."

Likewise, order dated 14.03.2013 is extracted hereunder:

"Heard learned counsel for the parties. By interim order passed by this Court on 31st January, 2014, we had directed that there shall be no sale of fly ash without leave of this Court. In modification of the said order, we direct that the respondent-Nigam will sell fly ash to the petitioners at the rate of Rs.250/- per metric tonne. The question as to whether the petitioners will be entitled to refund of the said Rs. 250/- per MT or any lesser amount will be considered at a later stage.

The contempt proceedings are dropped. The supplies of the fly ash in terms of the interim order passed today will be commenced immediately."

Under the above order, the appellant was allowed to purchase fly ash from the respondent – Nigam at the rate of Rs.250/- per metric tonne.

6. We are informed, tha