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2021 Supreme(Del) 496

C.HARI SHANKAR
UNION OF INDIA – Appellant
Versus
RCCIVL-ITIL P LTD (JV) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Monika Arora, CGSC with Mr. Shriram Tiwary, Adv.
For the Respondent: Mr. Arvind Minocha, Adv.

ORDER :

1. The appellant claims to be aggrieved by orders dated 24th March, 2021 and 17th April, 2021, whereby the learned Arbitral Tribunal disposed of the appellant’s application under Section 23(3), and the respondent’s application under Section 17, of the Arbitration & Conciliation Act, 1996 (“the 1996 Act”).

2. Mr. Arvind Minocha, learned Counsel for the respondent in the present appeal has drawn my attention to a communication dated 28th June, 2021, addressed by the Union Bank of India to the appellant, following which, in my opinion, nothing survives for adjudication in the present appeal.

3. As such, a very brief recital of facts may suffice.

4. As per the covenants of the contract between them, the respondent furnished performance security to the appellant by way of Bank Guarantee for Rs. 13,06,06,000/-.

5. The respondent moved an application, before the learned Arbitral Tribunal, under Section 17 of the Arbitration and Conciliation Act, 1996 (“the 1996 Act”), for release of the aforesaid Bank Guarantee. By order dated 6th November, 2020, the learned Arbitral Tribunal allowed the application and directed release of the aforesaid Bank Guarantee of Rs.13,06,06,000/- to the respon

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