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2004 Supreme(Del) 1115

ANIL KUMAR, VIJENDER JAIN, VUENDER JAIN
BHARAT HEAVY ELECTRICALS LTD. – Appellant
Versus
GLOBE HI FABS LTD. – Respondent


Advocates Appeared:
Akshay Makhija, I.C.Seth, V.K.Makhija, Vandana Khurana

Vijender Jain, J.

( 1 ) LEARNED Counsel for the appellants wishes to withdraw the application for interim injunction.

( 2 ) IN view of the submissions made, the application is dismissed as withdrawn. F. A. O. (OS) No. 222/2004:

1. This appeal has been filed aggrieved by the impugned order dated 9th august, 2004 of the learned Single Judge dismissing the objections of the appellant. We are dismissing this appeal in limine as we have heard Mr. J. C. Seth, learned Counsel appearing for the appellant at length and the Counsel for the caveator.

2. In view of certain disputes between the parties, the matter was referred to arbitration of sole arbitrator, Mr. S. Krishnan, who was a retired manager of the appellant s organization. Mr. Seth has vehemently contended that the award was without jurisdiction. It was contended before us that the learned single Judge failed to appreciate that there was a specific bar in the contract against the payment of interest to the contractor. In this regard, reliance was placed on Clause 3. 3 (ix) of the General Condition of Contract relating to security deposit which is as under: "no interest shall be payable by the employer on earnest money, security depo





































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