R.SUBHASH REDDY, A.SHANKAR NARAYANA
Techtrans Construction India Pvt. Ltd. , Ksheeraabd Constructions Pvt. Ltd. , Joint Venture Represented by its authorized signatory Majid Khalil Khalili – Appellant
Versus
Reliance Utility Engineers Limited – Respondent
A. Shankar Narayana, J.
These two miscellaneous appeals are preferred under Section 37 of Arbitration and Conciliation Act, 1996, aggrieved of the common order, dated 2nd April, 2014, in O.P. Nos.154 and 178 of 2014, passed by the learned II Additional Chief Judge, City Civil Court, Hyderabad, by the petitioner in both the O.Ps.
2. In O.P. No.154 of 2014 filed under Section 9 of the Arbitration and Conciliation Act, 1999 (for short the Act), the petitioner sought direction restraining the 1st respondent not to en-cash the bank guarantees invoked by it issued by the 2nd respondent and also restraining the 2nd respondent from honouring/disbursing the guarantee amount under both bank guarantees shown in the schedule furnished by the bank to the 1st respondent. In O.P. No.178 of 2014 filed under Section 9 of the very same provision, petitioner sought the relief to restrain the 1st respondent from presenting the D.D. No.169498, dated 31-12-2014 for Rs.10,00,00,000/- issued by the State Bank of India, Commercial Branch, Secunderabad 2nd respondent payable at State Bank of India, Main Branch, Mumbai and D.D. No.169498, dated 31-01-2014, for a sum of Rs.16,72,50,000/- issued by the 2
Svenska Handelsbanken v. M/s Indian Charge Chrome and others (1994) 1 SCC 502)
Himadri Chemicals Industries Limited v. Coal Tar Refining Company ((2007) 8 SCC 110)
Vinitec Electronics Private Limited v. HCL Infosystems Limited ((2008) 1 SCC 544)
Bank of India v. Nangia Constructions (I) Private Limited and others ((2008) 7 SCC 290)
U.P. State Sugar Corporation v. Sumac International Limited ((1997) 1 SCC 568)
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