Rajiv Shakdher, J.

IA No. 18122/2013 (Exemption)

Allowed subject to just exceptions.

OMP No. 1112/2013

1. This is a petition filed under Section 9 of the Arbitration & Conciliation Act, 1996 (in short the Act) to seek an injunction qua the encashment of the performance bank guarantee bearing No.2010133IBGP0326 dated 25.10.2010, in the sum of Rs. 6,76,69,100/-, issued by the concerned branch of the IDBI Bank, situate at Hyderabad.

1.1. I must note, at the very outset, that a petition, raising similar pleas, though pertaining to a different contract, was filed by the petitioner, once again, under Section 9 of the Act. By this petition, as well, injunction on invocation of the bank guarantee in issue, in that case, was sought. The said petition was numbered as: OMP 1097/2013. By a judgment dated 01.11.2013, the petition, was dismissed. I am informed that an appeal was preferred with the Division Bench, which was rendered infructuous, as the respondent during the pendency of the appeal, had encashed the bank guarantee.

1.2. This petition, in broad terms, is a repetition of the pleas taken and dealt with by me, while delivering judgment in OMP No. 1097/2013. This petition