IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO. 196 OF 2008 NO. 196 OF 2008 NO. 196 OF 2008 IN IN IN ARBITRATION ARBITRATION ARBITRATION PETITION NO. 34 OF 2008 PETITION NO. 34 OF 2008 PETITION NO. 34 OF 2008 M/s. Ghai Construction Co. ] .. Appellant (Org.Petitioner) Versus 1. Union of India & anr. ] .. Respondents (Org.Respondents) Ms. Shilpa Kapil for the appellant. Mr. Suresh Kumar for the respondents. CORAM: S.B. MHASE & PRASANNA B. VARALE, JJ. DATED: 28TH JULY, 2008 P.C. : 1. Heard. 2. The appellant approached the learned single Judge of this court under section 9 of the Arbitration and Conciliation Act,1996 for an injunction, pending the Arbitral proceedings, restraining the respondents from recovering any amount from the petitioner from any other contract undertaken by the petitioner for the respondent and from adjusting any amount from any of the bills of the petitioner from any other contract undertaken by the : 2 : petitioner for respondent. 3. We have found that there are no deductions, but it is only the amount which has been with the respondent that has been withheld to the extent of Rs.40,19,839.32. The Arbitral Tribunal can decide the validity of the actions of the respondent. The application under section 11 is pending before the Tribunal. 4. Under these circumstances, we do not find any merit in the Appeal and the Appeal is, accordingly, rejected. Sd/- Sd/- [PRASANNA [PRASANNA [PRASANNA B. VARALE, J.] B. VARALE, J.] B. VARALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]