High CourtsDivision Bench(2012) 01 SHI CK 0156

Hindustan Petroleum Corporation Ltd. vs M/s Garg Gas Service, Kasauli

High Court Of Himachal Pradesh · Decided on 9 January 2012

HON’BLE JUDGES
Kurian Joseph, C.J · Dev Darshan Sood, J
CASE NUMBER
Arbitration Appeal No. 1 of 2012

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Judgment

3 paragraphs · 201 words

Kurian Joseph, C.J.—This appeal is filed at the instance of the first respondent in Arbitration Case No. 94 of 2011. In the nature of the order we propose to pass, it is not necessary for us to go into the merits of the case nor is it necessary to refer to the contentions taken by the parties. The learned Single Judge has passed the interim order on the only ground that before issuing the interim order, the party (respondents No. 1 & 2) was not given an opportunity of hearing. Whether an opportunity of hearing is required, itself is a disputed question. Be that as it may. In view of the urgency, leaving that question open, since the interference is only on that ground, we make it clear that it will be open to the appellant to afford an opportunity of hearing to the first and second respondents and pass appropriate orders. In order to enable the appellants to pass orders, as above, Annexure A-18 will stand recalled. The appellant will issue notice to the party and after affording an opportunity of hearing, pass appropriate orders.

2.

The appeal is disposed of, so also the pending application(s), if any.

Authenticated copy.