JUDGMENT - Dr. D.R. DHANUKA, J.:---Messrs Andhra Civil Construction Company has made an application under section 20 of the Arbitration Act, 1940 against the Board of Trustees of the Port of Bombay for filing of the arbitration agreement as contained in Clause 18 of the General Conditions of Contract forming part of contract dated 6th December 1980 between the petitioner and the respondent and for an order of reference in respect of various claims of the petitioner particularised in paragraph 20A of the petition. The petition is numbered and registered as a suit as required by the provisions of The Arbitration Act, 1940.

2. The petitioner has also made an application under section 41 of the Arbitration Act, 1940 for an order of injunction restraining the respondent from encashing the Bank guarantee, copy whereof is Exhibit 'A' to the petition/plaint or the renewal thereof in Arbitration Suit No. 3795 of 1990.

3. It is necessary to summarise the material facts having bearing on the petition.

(a) In or about the year 1977, the Defendant/Respondent floated Tender No. E/16A/1977 for the work of Sassoon Fish Harbour Project, Bombay, construction of quay wall and anciallary works includi

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