Arbitration Act – Section 9 interim relief after termination of the Agreement
Service Agreement dated 30.12.2016 between the petitioner and the respondent no.1 for maintenance of two buildings taken on lease.
On 1.10.2024, the respondent no.1 issued notice terminating the agreement for breach of contract and other disputes. Respondent No.2 was appointed as maintenance agency in place of the petitioner.
Clause 6.3 of the Agreement as modified on 18.3.2021 provided for mutual discussion to resolve the disputes, on failure by resolution and to maintain status during the period of mutual discussions and any subsequent arbitration proceedings with respect to the services, consideration and other obligations.
Thus, the parties agreed to resort to arbitration for resolution of their disputes and till then to maintain status quo with respect to the services, consideration and other obligations.
HELD that the issues of breach are to be adjudicated by the arbitrator. The mechanism in case of breach of the contract has been dealt with in Clause 6.3 of the Agreement. The issue that the Addendum Agreement is a forged document and not signed by the respondent no.1 will be adjudicated by the Arbitrator.
However, the negative convenant needs to be complied with.
Judgment dated 29.10.2024 in O.M.P. (I) (COMM) 369/2024 of M/s. Innovative Facility Solutions Pvt Ltd Vs. M/s. Affordable Infrastructure and Housing Projects Pvt Ltd and another
