MOUSHUMI BHATTACHARYA
Kobelco Construction Equipment India Private Limited – Appellant
Versus
Lara Mining – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The Arbitration Petitions have been filed under section 9 of The Arbitration and Conciliation Act, 1996 for interim measures of protection. The facts are identical in both the matters and learned counsel appearing for the parties have relied on the same propositions of law. Hence both the Arbitration Petitions are being disposed of by this judgment.
2. The petitioner seeks an injunction on the respondent no 1 from dealing with or disposing of the assets under a Master Facility Agreement dated 19th January, 2020 and a Settlement Agreement dated 17th July, 2021. Prayer (i) of the application does not give the date of the Master Facility Agreement.
3. Learned counsel appearing for the petitioner submits that the respondent no. 1 is bound by the Master Facility Agreement dated 19th January, 2020 executed between SREI Equipment Finance Limited and the respondent no. 1 with regard to the financial assistance given by SREI to the respondent no. 1 of Rs.6,72,60,000/-. Counsel submits that the respondent no. 1 paid 14 instalments out of 34 instalments under the agreement and hypothecated assets for the loan. The Master Facility Agreement was thereafter as
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