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2021 Supreme(Chh) 380

SANJAY K. AGRAWAL, ARVIND SINGH CHANDEL
South Eastern Coalfields Limited (SECL) – Appellant
Versus
Sadbhav Engineering Ltd. – Respondent


Advocates Appeared:
For the Appellants : Mr. Vivek Chopda.
For the Respondents: Mr. Rishabh Garg.

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 Act of 1996’) read with Section 13 of the Commercial Courts Act, 2015, this arbitration appeal has been preferred by the appellants questioning the impugned order passed by the Commercial Court (District Level) granting application under Section 9 of the Act of 1996, as unsustainable and contrary to law.

2. Respondent No.1 herein filed an application under Section 9 of the Act of 1996 seeking interim measures under Section 9(1)(ii)(d) & (e) of the Act of 1996 stating inter alia that the contract awarded to it was terminated on 7-2-2021 illegally and he was blacklisted vide order dated 12-5-2021 and the order of recovery dated 12-5-2021 and the order of encashing the bank guarantee dated 13-5-2021 were passed against it. It has been further stated that pursuant to the order of termination dated 7-2-2021, the order of blacklisting dated 12-5-2021 and the order of recovery dated 12-5-2021; bank guarantee has also been sought to be encashed on 13-5-2021, and respondent No.1 has claimed that the action of the appellants herein is

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