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1983 Supreme(Ker) 46

K.K.NARENDRAN
GOKULDAS – Appellant
Versus
UNION OF INDIA – Respondent


Judgment :-

1. A point of some importance in the law of arbitration arises for consideration in this Civil Revision. The point is: Whether a court exercising powers under S.20 of the Arbitration Act, 1940 has power to issue an injunction by virtue of the powers it has under S.41 of the Act and if so, what are the conditions to be satisfied? The petitioner is a railway contractor. According to the petitioner, the 2nd respondent-The Chief

Engineer, Southern Railway unilaterally terminated two of his contracts on the ground that he did not execute the work properly and for alleged amounts due as compensation for breach of contract as per the agreement, payments due to him, under other contracts be is executing, are going to be appropriated. The petitioner's case is that the contracts could not be completed because of the defaults caused and the breach of contract committed by the Railway and not due to his fault. The petitioner filed an application under S.20 of the Arbitration Act, 1940 for filing the arbitration agreement in court. Along with the application the petitioner also moved a petition for temporary injunction restraining the respondents from appropriating the amounts due t



















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