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2016 Supreme(Del) 3697

VIBHU BAKHRU
HRD CORPORATION (MARCUS OIL AND CHEMICAL DIVISION) – Appellant
Versus
GAIL (INDIA) LIMITED, (FORMERLY GAS AUTHORITY OF INDIA LTD. ) – Respondent


Advocate Appeared:
For the Petitioner:Mr Arvind Nigam, Senior Advocate with Ms Aparajita Swarup, Advocate.
For the Respondent:Mr Ciccu Mukhopadhaya, Senior Advocate with Mr Tejas Karia, Mr Surjendu Sankar Das, Ms Rashmi and Ms Avlokita Rajvi, Advocates.

ORDER :

VIBHU BAKHRU, J

IA No.12250/2016

Allowed, subject to all just exceptions.

O.M.P.(I) (COMM.) 389/2016

1. The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996, inter alia, praying as under:-

“(i) Restrain the Respondent from selling, transferring, assigning, pledging, mortgaging, alienating or otherwise disposing of any part of the Wax produced by the Respondent at its Plant at Pata Complex, U.P. to any third parties or creating any third party rights therein till the final disposal of the Arbitration proceedings except to the Petitioner;

(ii) Direct the Respondent to effect the supply of entire quantity of Wax produced at its Pata Plant to the Petitioner at the price determined in accordance with the pricing formula in terms of the Agreement and the Award dated 08.04.2006 till the disposal of the arbitration proceedings;

(iii) Restrain the Respondent and their directors, partners, servants, agents, representatives or assigns from directly or indirectly entering into any agreement for sale or provision of the quantity of Wax allocated to the Petitioner under the Agreement dated 01.04.1999 with any other person or requiring the Pe
































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