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2023 Supreme(Del) 714

VIBHU BAKHRU, TUSHAR RAO GEDELA
Gannon Dunkerley and Company Ltd. – Appellant
Versus
Ministry of Road Transport and Highways – Respondent


Advocate Appeared:
Mr. Rajshekhar Rao, Senior Advocate with Mr. Arjun Syal, Mr. Manjira Dasgupta, Mr. Bhargav and Mr. Shreyas Das, Advocates.
For the Respondent:Ms. Reema Khorana and Mr. Vikash Kumar, Advocates, Mr. Sarfaraz Khan, Advocate

ORDER :

VIBHU BAKHRU, J.

Issue notice. The learned counsel for the respondents accept notice.

2. The appellant (hereafter ‘GDC’) has filed the present appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereafter ‘the A&C Act’) impugning an order dated 12.04.2023 (hereafter ‘the impugned order’) passed by the learned Single Judge and further praying that respondent no. 1 (hereafter ‘NHIDC’) be restrained from invoking the bank guarantees issued by GDC : Bank Guarantee (No. 5031316BG0000009) dated 24.02.2016 for a sum of Rs. 22,06,27,500/- issued by the State Bank of India, Patiala (respondent no. 2); Advance Payment Bank Guarantee (No. 0607017BG1000040) dated 16.05.2017 for a sum of Rs. 6,47,17,400/- issued by the State Bank of India; and, Advance Payment Bank Guarantee (No. 1908IGFIN000719) dated 28.03.2019 for a sum of Rs. 9,70,76,100/- issued by the UCO Bank (respondent no. 3).

3. The impugned order is not on record. The learned counsels for the parties state that the same has not been uploaded and hence is not available to the parties. However, they state that the impugned order merely directs relisting of the petitions filed by GDC under Section 9 of the A&C Act,

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