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2021 Supreme(Del) 1699

VIBHU BAKHRU
BSP - Shc (JV) – Appellant
Versus
Dedicated Freight Corridor Corporation Of India Limited – Respondent


Advocates appeared:
Vishnu Mehra, Advocate

JUDGMENT

Vibhu Bakhru, J. - The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter "the A&C Act"), inter alia, praying as under:

    "i. In view of the above facts and circumstances mentioned hereinabove, it is most respectfully prayed that the Hon'ble Court may graciously be pleased to allow the present petition and restraint by way of injunction the Respondent No. 1 from invoking and encashing the following Bank Guarantees:

      (i) Performance bank Guarantee No. 0767ILG004020 dated 14.08.2020 amounting to Rs. 1,59,88,000/- issued by Respondent No. 2.

        ii) Bank Guarantee No. 0767ILG004220 dated 24.08.2020 amounting to Rs. 2,56,39,000/- deposited in lieu of release of Security Deposit.

          iii) Bank Guarantee No. 0767ILG001519 dated 12.09.2019 amounting to Rs. 66,00,000/- and Bank Guarantee No. 0767ILG001719 dated 27.09.2019 amounting to Rs. 48,87,569/- deposited for the release of mobilization advance.

            Till the (i)Appointment of the Arbitrator for Adjudicating the disputes (ii) Till the Arbitral Award is passed and (iii) Till the enforcement of the award in accordance with Section 36 the Arbitration & Conciliation Act, 1996 as amended;

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