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NCLAT held the Section 9 application maintainable. The Tribunal found the alleged pre-existing dispute on goods' quality was not established so as to attract Section 10A exclusion, since samples were drawn per the contractually prescribed procedure and testing was to be undertaken at the supplier's designated lab (or third-party) notwithstanding the Respondent's contrary assertion. The onus lay on the Respondent to appoint a representative at sampling; absence of such representation did not vitiate the sampling or testing process. Clause 4 established the supplied coal fell outside acceptable calorific parameters, supporting the Applicant's claim. Consequently, interlocutory remedy under Section 9 was held competent to proceed.
NCLAT held the Section 9 application maintainable. The Tribunal found the alleged pre-existing dispute on goods' quality was not established so as to attract Section 10A exclusion, since samples were drawn per the contractually prescribed procedure and testing was to be undertaken at the supplier's designated lab (or third-party) notwithstanding the Respondent's contrary assertion. The onus lay on the Respondent to appoint a representative at sampling; absence of such representation did not vitiate the sampling or testing process. Clause 4 established the supplied coal fell outside acceptable calorific parameters, supporting the Applicant's claim. Consequently, interlocutory remedy under Section 9 was held competent to proceed.
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