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2010 Supreme(Bom) 1099

A.S.OKA, F.M.REIS
Government of Goa, represented by the Director of Tourism – Appellant
Versus
Jaisu Shipping Co. Pvt. Ltd. – Respondent


Advocates Appeared:
Mr. S. S. KANTAK, Advocate General with Mr. ABHIJEET KAMAT, Additional Government Advocate for the Appellant.
Mr. S. D. LOTLIKAR, Sr. Adv. with Ms. JIMI JOHN, Advocate for the Respondent.

Judgment

F. M. REIS, J.:- The above Appeal filed under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, challenges the Judgment and Order dated 29th April, 2009, passed by the learned Principal District Judge, South Goa, Margao, in Arbitration Application no. 70/2009 (New) filed by the Respondents under Section 9 of the Arbitration and Conciliation Act, 1996, came to be allowed whereby, inter alia, the Appellants were restrained from in any manner causing interference with or impediment to the work of the Respondents vis-a-vis the refloatation of the vessel undertaken by them under Agreement dated 5th January, 2007, and/or terminating the same; and from making any demand on Respondents and/or taking away by way of damages or otherwise, taking any action in furtherance of the show cause notice dated 5th June, 2008, and from adopting any measures or steps to award the work to any other person or entity until the refloatation of the vessel in question and pending the determination of the issues arising between the parties which are arbitrable before the Arbitral Tribunal. The Respondents are also secured by an order of mandatory injunction directing the Appellants to rei





























































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