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2005 Supreme(Del) 363

S.K.AGARWAL
TECHNO CONSTRUCTION – Appellant
Versus
KUNJ VIHAR CO-OPERATIVE GROUP HOUSING SOCIETY LTD. – Respondent


Advocates Appeared:
A.MAITRI, NIRAJ MALHOTRA, P.N.LEKHI, Valmiki Mehta

S. K. Agarwal, J.

( 1 ) BY this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the act), M/s Techno Construction, through one of its partners, has prayed for ad-interim injunction restraining M/s Kunj Vihar Co-operative Group Housing Society Ltd. (hereinafter, respondents ) from terminating the construction agreement dated 13. 11. 2001 and restraining them from awarding the contract for completion of the unfinished work, under the said agreement to any third party till the conclusion of arbitral proceedings between the parties.

( 2 ) THE facts in brief necessary for the disposal of this petition are as follows. The respondents floated tender for construction of high-rise, residential flats at Plot No. 19, Sector -12, Dwarka, New Delhi (hereinafter, the site ). Petitioners tender was accepted and on 13. 11. 2001 an agreement was executed, in respect of the construction work (hereinafter, the Agreement); possession of the site was given to them and they commenced the construction and completed about 50% of the work in one year. Petitioners in the course of construction raised 13 (thirteen) running bills, which were duly paid. It is pleaded that pe


















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