% Judgment delivered on: 14.08.2013
+ O.M.P. No. 742/2013
DSC LIMITED ...... Petitioner
Vs
RAIL VIKAS NIGAM LIMITED & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr Neeraj Kishan Kaul, Sr. Advocate with Mr Abhijat, Mr Jatin Mongia & Mr Harsh Hari Haran, Advocates.
For the Respondents: Mr Anil Seth, Advocate
CORAM :-
HON'BLE MR. JUSTICE RAJIV SHAKDHER
RAJIV SHAKDHER, J.
1. Shorn of verbiage, the present petition is directed against release of monies which stand deposited with this court. The monies came to be deposited, post encashment of bank guarantees initially furnished by respondent nos. 2 and 3.
2. The attempt is to preserve, by this action preferred under Section 9 of the Arbitration & Conciliation Act, 1996 (in short the Act), the money lying deposited with this court in the form of fixed deposit receipts, pending the petitioner seeking access to arbitration. The purported ground pressed for seeking injunction against release is "special equities". The learned senior counsel for the petitioner wisely steered clear of alleged fraud, which
O.M.P. No. 742/2013 Page 1 of 20 fleetingly though, finds mention in the petition, albeit without any material particulars.
3. Therefore, I am called upon to examine as to whether this is a case fit to invoke