T.U.MEHTA
EASTERN COMMERCIAL CORPORATION – Appellant
Versus
STATE OF H. P. – Respondent
1. By a previous order both these matters are ordered to be heard together.
2. O.M.P. No. 56 of 1973 arises out of the interim order passed by the arbitrator on 29-3-1973 staying the recovery of the royalty amount of Rs. 44,390.10 till the disposal of the arbitration proceedings between the parties pending before him. The case of the State which has felt aggrieved by this order is that the arbitrator has no jurisdiction to pass such interim order in the pending arbitration proceedings and, therefore, the above referred order of the arbitrator should be quashed under S. 31 of the Indian Arbitration Act, 1940.
3. O.M.P. No. 99 of 1973 is also preferred by the State claiming for extension of time under S. 28 of the Arbitration Act. This prayer of the State for extension of time under S. 28 of the Arbitration Act is not resisted by the claimants and should, therefore, be allowed.
4. So far as O.M.P. No. 56 of 1973 is concerned, the claimants had raised a preliminary objection challenging the jurisdiction of this Court and contending that it was the High Court of Delhi which had jurisdiction to entertain such applications. Point arising out of this contention was referred to a D
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