JUDGMENT :

The Judgment is divided into the following parts:

(I) Prelude

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.

2. An interesting question, which has arisen for consideration in the present case before the initiation of arbitral proceedings, is as to whether the respondent has any legal right under the contractual scheme the parties stand, to interfere in the petitioner’s managing and operating its Co-generation plant and attempt to lock, stock and barrel, oust the petitioner from operating and managing its own Co-generation Power Plant.

3. The petitioner’s case, is of coercive actions having taken place to outs the petitioner from the Co-generation plant by the respondent after the present p