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2017 Supreme(AP) 467

RAMESH RANGANATHAN, T.RAJANI
N. C. C. Limited – Appellant
Versus
Sembcorp Gayatri Power Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri D. Prakash Reddy, Sri Avinash Desai
For the Respondents: Sri C.V. Monan Reddy, Sri Thoom Srinivas

JUDGMENT :

Ramesh Ranganathan, J.

C.M.A. No.359 of 2017 is filed by the appellant (petitioner in C.O.P. No.63 of 2017) under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter called the 2015 Act) r/w. Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter called the 1996 Act) aggrieved by the order passed by the XXIV Additional Chief Judge-cum-Commercial Court, City Civil Court, Hyderabad, in C.O.P. No.63 of 2017 dated 18.04.2017. Parties shall, hereinafter, be referred to as they are arrayed in these appeals.

2. The appellant filed four C.O.Ps. under Section 9 of the 1996 Act requesting the Commercial Court to grant an injunction restraining the 1st respondent, its agents, servants, or any other persons claiming through or under it, from taking coercive action pursuant to the letter dated 23.02.2017 or otherwise, including but not limited to, restraining it from invoking or encashing the schedule bank guarantees issued by the 2nd respondent; and to further restrain the 2nd respondent from honouring/encashing the schedule bank guarantees at the request of the 1st respondent.

3. In the petition






















































































































































































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