I.A. No. 4823/2017

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

O.M.P. (I) (COMM.) No. 164/2017 & I.A. No. 4824/2017

3. The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996, inter-alia, praying as under:-

"(a) Grant an injunction restraining the Respondent from invoking and encashing Bank Guarantee bearing no. 542501GL0001616 issued by Union Bank of India, Hanuman Nagar, Vaishali Nagar, Jaipur Branch;

(b) Grant an ex-parte ad interim order of injunction in terms of prayer (a) above;

(c) May direct Respondent to conduct joint measurement of work done and taken over, materials and other objects necessary for work execution brought on site and taken over by the Respondent.”

4. The respondent was awarded the contract for execution of works of Design, Construction, Supply, Installation, Testing and Commissioning of 2X25KV AC 50Hz Electrification, Signalling & Telecommunication and associated works of double track railway lines under construction for Bhaupur-Khurja section of eastern dedicated freight corridor, by Dedicated Freight Corridor Corporation of India. The respondent was desirous of subc