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1972 Supreme(HP) 57

R.S.PATHAK, D.B.LAL
State of H. P. – Appellant
Versus
H. S. Sobti – Respondent


Advocates:
C.L. Kapila, for Appellants; S. Malhotra, for Respondent.

Judgement

R. S. PATHAK, C.J. :- This appeal is directed against the order of our brother Chet Ram Thakur granting an interim injunction during the pendency of an application under Section 20 of the Indian Arbitration Act.

2. The respondent, M/s. H. S. Sobti and Co., had entered into a contract with the appellants, for the construction, of a Girls Hostel for the Medical College at Simla. The respondent could not complete the work within the stipulated period as, according to him, the progress of the work was impeded. The respondent complained that money lawfully due to him was being withheld by the appellants and the security of Rs. 20,000/-furnished by him had also been forfeited. He also complained that the contract had been rescinded by the appellants. Accordingly, he applied under Section 20 of the Indian Arbitration Act in this Court While the application under Section 20 was pending, the respondent also applied for an interim injunction under Rules 1 and 2 of Order 39 read with Sections 141 and 151 of the Code of Civil Procedure. The application for injunction came on before our brother Chet Ram Thakur, and repelling an objection to the contrary he held that by virtue of Section








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