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2022 Supreme(Bom) 195

S.J.KATHAWALLA, MILIND N.JADHAV
Reliance Infrastructure Limited – Appellant
Versus
NLC India Limited – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Shri Ravi Kadam, Senior Advocate alongwith Shri Prateek Sakseria, Shri Sarosh Bharucha, Shri Anuj Desai, Shri D.J. Kakalia, Ms. Bhavna Singh and Shri Paresh Patkar, instructed by Mulla & Mulla & Craige Blunt & Caroe, for the
For the Respondent:Shri V.R. Dhond, Senior Advocate alongwith Ms. Vinodini Srinivasan, Shri Dharmesh Jain and Ms. Roshani Naik instructed by Shri Anil Agarwal, Shri Prakash Shinde alongwith Ms. Niyati Merchant, instructed by MDP & Partners

JUDGMENT :

S.J. Kathawalla, Milind N. Jadhav, JJ.

1. The present Appeal was filed by the Appellant to challenge the Order dated 29th December 2021 passed by the Learned Single Judge rejecting the Appellant's Interim Application (L) No. 30927 of 2021 (“Interim Application”). The Appellant/ Original Plaintiff had sought a restraint against Respondent No. l from encashing the mobilization Advance Bank Guarantees issued by Respondent Nos.2 to 4 Banks in favour of the Respondent No. 1, at the Appellant's behest, under a Letter of Award dated 21st November 2016. The Ld. Single Judge before whom the ad-interim application was moved during Court vacation, refused to grant any reliefs. No reasons were given in support of Order refusing grant of ad-interim reliefs.

2. Since no reasons were given by the Learned Single Judge at the time of rejecting the Application seeking ad-interim reliefs, as recorded in our Order dated 17th January, 2022, the parties agreed to argue the Interim Application itself before us, after which the Appeal was heard on several dates.

3. Respondent No. 1 had, in the year 2015, floated a tender inviting bids for setting up two Thermal Power Stations comprising one unit of

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