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2011 DIGILAW 2243 (MAD)

M. R. Chandrasekaran v. GM Southern Railway

2011-04-20

VINOD K.SHARMA

body2011
Judgment :- VINOD K. SHARMA.J., 1. This application, under Section 9 of the Arbitration and Conciliation Act, has been moved, praying for the following interim relief: "Let all parties concerned attend the Hon'ble Judge sitting in Court, the 20th day of April 2011 at about 10.30 a.m. or so soon thereafter to show cause as to why: ii) This Honourable Court should not be pleased to grant stay of all further proceedings in pursuance of 48 hours notice bearing No.W/148/GC/II/TPJ/TJ/Yard dated 2.4.2011 issued by the 3rd respondent stating that on expiry of the period, the contract will stand rescinded and consequently directing the respondents to grant extension of time for completion of the work as stipulated in the letter of acceptance issued by the respondents." 2. Learned counsel for the applicant vehemently contended that the respondents have terminated the contract illegally without following the procedure laid down, in spite of the fact that the applicant has mobilised his machinery, by spending huge amount of money. The applicant also executed a lot of work beyond the terms of contract, for which, he is entitled to payment from the respondents. 3. Learned counsel for the applicant also contended that he is entitled to extension of time, as the period of contract has already expired, therefore, interim direction be issued to the respondents for extension of time. 4. The prayer, made in the application, cannot be granted, by way of interim measure, as it will amount to specific performance of the contract, which is not enforceable, as the remedy with the applicant is to claim damages for breach of contract, as alleged. By way of interim measure, the employer cannot be asked to extend time to complete the contract, as it is the discretion of the employer on the facts and circumstances of each case. 5. No ground is made out to interfere in exercise of jurisdiction under Section 9 of the Arbitration and Conciliation Act to pass interim directions as prayed for. Dismissed. No costs.