JUDGMENT :

1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short “the Act”) whereby the petitioner has prayed for interim measures pending the arbitral proceedings. The dispute between the parties has arisen under a contract for sale of scrap dated 21 September 2021 titled as “Scrap Sale Order” (for short ‘the contract’), issued by the respondent in favour of the petitioner, inter-alia for a sale of scrap material (Reinforcement Steel, Structural Steel, SS, Aluminum etc.) of the following description as set out:-

1. Scrap of Plant and Machinery (Structural Steel Scrap)

2. Reiforcement Steel scrap – inclusive of all Demolition Charges for structures and plant building upto ground level

3. SS Scrap

4. Aluminum Scrap.

2. It also appears to be not in dispute that the parties consented to the following addition to be made to the contract on 26 October 2021.

“Note :-Items/material other than ‘plant & machinery’ related items, Total Qty upto 200 MT.”

3. The contract provides for general terms and conditions. Clause (3) thereof is the arbitration agreement between the parties. Clause (5) provides for ‘Validity of the Contract’ to provide that the vali