TMI Blog1999 (11) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... porator plant used in the manufacture of paper. The contract was entered into on 19-1-1996. The plant has been supplied and as per the petitioner it has been delivered, installed and commissioned on 13-11-1997. Petitioner s grievance is that the respondents who are complaining of underperformance of the plant have not provided adequate opportunity to the petitioner to improve the performance of the plant by taking appropriate measures. The petitioner is stated to be ready and willing to improve the performance of the plant and rectify the defects, if any. The learned counsel for the petitioner submits that the petitioner had suggested measures, as late as on 30-10-1999, for improvement in the performance of the plant. It is stated that arbi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant to improve its performance or in the alternative an independent agency or experts be appointed to examine the plant and suggest corrective measures. 5. Another point on which the parties are at issue is the necessity to convert the plant from the tubular type to the plate type. While the petitioner maintains that with the tubular type it can improve the performance of the plant the respondents are of the view that it would be necessary to switch over from the tubular to plate type for improving the performance. 6. The learned counsel for the respondent refutes the claims made by the petitioner submits that they have, in fact, out of the total cost of Rs. 10 crores, already paid approximately Rs. 9.50 crores. He submits that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent urged that the contract specifically contemplated and envisaged the present contingencies and eventualities. He states that a period of more than two years has elapsed but the defects have not been removed. 9. Having considered the rival submissions of the parties as well as provisions of the contract to which my attention has been drawn, I am of the view that the merits and demerits of the respective contentions of the parties can be gone into by the arbitrators during the arbitration proceedings. The question before the Court is of grant of interim protection. In the instant case, the contract made a specific provision for rectification and repairs by the petitioner. The petitioner itself does not claim that repairs have be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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