Supreme Court · 2007 INSC 742 · Decided 10 July 2007
Adhunik Steels LTD. v. Orissa Manganese and Minerals PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 742 · [2007] 8 S.C.R. 213
- Case number
- CIVIL APPEAL No. 6569/2005
- Decided
- 10 July 2007
- Bench
- H.K. SEMA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC; Arbitration Act Section 9; Specific Relief Act Section 14(3)(c)
Headnote
B Arbitration and Conciliation Act, 1996-Section 9: Interim prohibitory/mandatory injunction-:Grant of-Held-It is governed by Specific Relief Act, 1963 and well known concepts ofbalance· C of convenience, prima facie _case, irreparable injury and interim ·measure appearing tO court to approach ordinary court was given without providing a special procedure in that behalf-,-Approach that at · · initial stage only existence of arbitration clause need be considered is not Q justified. One party obtaining mining lease from Government and contracting · with
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