1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Arbitration Appeal No. 4/2008 M/s. Nav Durga Bamboo Craft Private Ltd. thr. Director ..vs.. State of Maharashtra thr. Principal -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. Vyas, Advocate for appellant. Mr. Deshpande, Advocate for respondent CORAM: B. P. DHARMADHIKARI, J. DATED : 9 th JANUARY, 2009 1. Heard learned counsel for the parties. 2. During arguments it has come on record that interim prayer was to stop tender process which was initiated by the respondents. The learned Principal District Judge did not grant interim relief while rejecting application under Section 9 of the Arbitration and Conciliation Act on 01.02.2008. Thereafter, tender process is already over. As such the said application under Section 9 moved before the Principal District Judge, Nagpur has become infructuous. 3. Mr. Vyas, learned counsel for the appellant states that the appellant had deposited an amount of Rs.10,00,000/- and that amount needs to be refunded to the 2 appellant on rejection of his application under Section 9. Mr.Deshpande, learned counsel for the respondent points out that interim relief was given by Principal District Judge for a period of ten days and while granting the interim relief, as condition precedent, the amount was directed to be deposited. 4. With the assistance of both the counsel I have perused the impugned order. Perusal of paragraph 16 onwards shows the circumstances which weighed the mind of learned Principal District Judge to rejected the prayer for interim relief. In paragraph 19 while recording conclusion the Principal District Judge found that there were several circumstances against the appellant which reveal the exploitation of Bamboo and its sale in open market in contravention of terms and conditions of the agreement and also not paying the amount due to the Government. In view of this the learned Principal District Judge has directed that the amount of Rs. 10,00,000/- be deposited with it and it 3 should be invested in the Fixed Deposit for one year and the amount should be disbursed thereafter as per final adjudication by the Arbitral Authority. The findings recorded justify the course of action taken by learned Principal District Judge and the amount cannot be directed to be refunded to the present appellant. The appeal is, therefore, dismissed with no order as to costs. 5. It is made clear that the observations made by learned Principal District Judge and appreciated by this Court are at an interlocutory stage hence the Arbitral Tribunal will not be influenced by these observations. JUDGE kahale