1 arbp810-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.810 OF 2010 M/s.Mewat Grit Udyog ....Petitioner V/s. Union of India & Anr. ....Respondents Mr.Rajnish Shrivastava for the Petitioner. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 30TH NOVEMBER, 2010. P.C. :- 1. The petition has been filed under section 9 of the Arbitration and Conciliation Act, 1996. 2. The petition is unsustainable. According to the petitioner, after having submitted their tender, they withdrew the same. Whether the petitioner’s action was justified or not is a matter which must be decided by the arbitral tribunal. In the mean time the petitioner seeks an order restraining the respondent from issuing their tenders on the basis of the risk and cost. It is impossible to grant the relief. It would in effect amount to restraining the respondents from carrying out the work. On the one hand, the petitioner does not wish to do the work and on the other hand the petitioner desires in effect to restrain the respondents from having it done by another contractor. This is also detrimental to public interest. 3. The question whether the petitioner’s action was illegal or not 2 arbp810-10 and whether their tender was justified or not, are disputes which fall within the jurisdiction of the arbitral tribunal. The petitioner’s claim is only in damages. The arbitration petition is therefore dismissed.