ORDER

1. The instant petition preferred under Section 9 seeks a restraint upon the Respondent from enchasing Bank Guarantees [BGs] which have been set forth in paragraph 8 of the petition. The facts in brief which merit notice are the following.

2. The Petitioner is stated to have been awarded an Erection and Supply Contract on 13 July 2018. According to the Petitioner, the contract itself was for the establishment of the Goa Tamnar Transmission Project Limited and which entailed the construction of sub-stations under transmission project system. The contracts were initially awarded to ABB India Limited. However, and subsequently on 19 June 2020 in terms of the Novation Agreement, the Petitioner [earlier known as ABB Power Products and Systems India Limited] stepped into its shoes for the purposes of execution of the Erection and Supply Contracts.

3. It becomes pertinent to note that the Erection Contract was awarded on a lump sum and turnkey basis. Pursuant to the provisions made in both the contracts, the Petitioner was also called upon to submit Performance Bank Guarantees [PBGs] and Advance Bank Guarantees [ABGs]. Those are stated to have been deposited on 22 July 2020 and 2