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Madras High CourtOA/260/2023disposed of

Ai Human Power Security And Services v. Union Of India And Another

2023-09-14Honourable Mr Justice Abdul Quddhose4 pages

O.A.No.260 of 2023 ABDUL QUDDHOSE.J., A1 Human Power Security and Services ... Applicant Vs.

Union of India and Another ... Respondents ***** This application has been filed under Section 9 of the Arbitration and Conciliation Act, 1996, seeking for an injunction to restrain the respondents from interfering with the work of the applicant at (i) "Andaman House", Block 5, CPWD Quarters, Opposite to Bus Depot, K.K.Nagar, Chennai - 600 078 and (ii) "Andaman and Nicobar Bhawan", No.W-41, North Main Road Extension, Anna Nagar West, Chennai - 600 040, as per the contract dated 08.02.2021, starting from 01.05.2021 for a period of three years till 30.04.2024.

2. A counter affidavit has also been filed in this application, stating that the applicant has committed breach of contract.

3. Undoubtedly, the respondents shall terminate the contract dated 1/4

08.02.2021 entered into with the applicant only by adhering to the terms of the contract and by following the due procedure established under law. The learned counsel for the applicant on instructions would satisfy, if a direction is issued to the respondents that they shall take steps to terminate the contract dated 08.02.2021 only by adhering to the terms of the contract and by following the due procedure established under law. According to the applicant, on a day to day basis, the respondents are interfering with the applicant with its operation at the guest houses by not adhering to the terms and conditions of the contract dated 08.02.2021, which is disputed by the learned counsel for the respondents.

4. Necessarily, both the parties will have to abide by the terms and conditions of the contract dated 08.02.2021. Only by adhering to the same, either of the parties shall redress their respective grievance.

5. This application is therefore disposed of by directing both the parties to adhere to the terms and conditions of the contract dated 08.02.2021 and a specific direction is also given to the respondents that in case, they find that the petitioner has committed breach of contract to take 2/4

action against the respondents only in accordance with the terms and conditions of the contract, dated 08.02.2021 by following the due procedure established under law.

14.09.2023 ab 3/4

ABDUL QUDDHOSE.J., ab O.A.No.260 of 2023 14.09.2023 (2/2) 4/4