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2021 Supreme(Chh) 352

SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL
ARSS – SIPS (JV), a Joint Venture – Appellant
Versus
Union of India, through the Secretary, Ministry of Railways, Rail Bhawan, 1, Raisina Road, New Delhi – Respondent


Advocate Appeared:
For the Appellant :Mr. Vijay Dubey and Mr. Amrito Das, Advocates.
For the Respondent:Mr. H.S. Ahluwalia, Advocate.

ORDER :

Sanjay K. Agrawal, J.

1. Invoking the appellate jurisdiction of this Court under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the AC Act'), the appellants herein have called in question the impugned order dated 4-7-2020 passed by the learned Judge, Commercial Court (District Level), Nava Raipur, Atal Nagar, District Raipur, whereby the learned Commercial Court has rejected the application filed by the appellants herein seeking interim injunction under Section 9(1) of the AC Act finding no merit and refused to restrain the respondents herein from encashing the performance bank guarantee (PBG) to the extent of Rs.6,77,26,553/-.

2. Respondent No.2 South East Central Railway issued a notice inviting tender for work in Lajkura-Raigarh Section for construction of 4th line between Jharsuguda and Bilaspur. The scope of the said work was widening, including soil investigation, design of bridges, execution of earthwork, minor bridges, major bridges, RUB, extension of FOB, staff quarter and other service buildings, supply of ballast and other miscellaneous works in which the appellants participated and were declared successful bidders and consequently, letter of

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