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2022 Supreme(SC) 998

M. R. SHAH, KRISHNA MURARI
Sanghi Industries Limited – Appellant
Versus
Ravin Cables Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Vivek Chib, Sr. Adv. Mr. Anirudh Wadhwa, Adv. Mr. Shaishir Divatia, Adv. Mr. Vipul Kumar, Adv. Ms. Unnati Jhunjhunwala, Adv. Ms. Coral Shah, Adv. Mr. Suryanshu Priyadarshini, Adv. Mr. Abhishek Kumar, Adv. Mr. Bikram Dwivedi, Adv. Mr. Shivendra Singh, AOR
For the Respondent(s): Mr. K.V. Viswanathan, Sr. Adv. Ms. Malvika Kapila, AOR Mr. Arvind Raj, Adv. Ms. Tanwangi Shukla, Adv. Mr. Krishan Kumar, AOR Mr. Atul Sheopuri, Adv. Mr. Nitin Pal, Adv. Mr. Kartik Sarsoonia Adv. Ms. Swikiritimala Dubey Adv. Ms. Swati Jindal Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 11.02.2022 passed by the High Court of Gujarat at Ahmedabad in Regular First Appeal No. 3253 of 2021, by which, the High Court has dismissed the said appeal confirming the order passed by the Commercial Court in an application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act, 1996), by which the Commercial Court directed the appellant herein – original opponent/respondent No. 1 to deposit the amount of performance bank guarantees pertaining to purchase order Nos. 01, 02 and 03 invoked by it, the original opponent/respondent No. 1 has preferred the present appeal.

2. We have heard Shri Vivek Chib, learned Senior Advocate appearing on behalf of the appellant and Shri K.V. Viswanathan, learned Senior Advocate appearing on behalf of respondent No. 1 herein – the main contesting party.

3. At the outset it is required to be noted that in the present case the dispute is with respect to three purchase orders, namely, purchase order Nos. 01, 02 and 03. It appears that the appellant served a notice upon respondent No. 1 vide notice

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