JUDGMENT

Vibhu Bakhru, J.

1. The appellant (hereafter `Gannon') has filed the present intra-court appeal impugning an order dated 05.06.2023 passed by the learned Single Judge, whereby the petition filed by Gannon under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') being OMP (I) COMM. No.193/2023 was rejected.

2. Gannon had filed the aforesaid petition, inter alia, praying for directions restraining the respondent No. 1 (hereafter `Doosan Power') from invoking, encashing or taking any coercive steps in respect of the Performance Bank Guarantee being Bank Guarantee No.003GM07180750006 dated 16.03.2018 for an amount of Rs.5,55,15,625/- (hereafter referred as `the PBG') issued by respondent no.2 (hereafter `Yes Bank').

3. Gannon had furnished the PBG in connection with a sub-contract agreement for civil, structural and architectural works including Power Block Building, GIS Building and BOP Building which is a part of the 2x660MW Super Critical Thermal Power Station being developed by Doosan Power at Jawaharpur on Engineering, Procurement, Construction (EPC) basis. The contract between Gannon and Doosan Power is hereafter referred to as the Contr