JUDGMENT :

K.M. MEHTA, J.

1. M/s. Suzlon Energy Limited, appellant-original respondent, has filed this appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the judgment and order dated 4.5.2007 passed by the learned City Civil Judge, Court No. 12, Ahmedabad- below Notice of Motion in Civil Misc. Application No. 376 of 2007 i.e. application filed under Section 9 of the Arbitration Act. By the impugned order the learned Judge granted interim relief in terms of para 16(D) of the Notice of Motion and meanwhile the applicant shall produce the unconditional bank guarantee of Rs. 5 lacs within four weeks from the date of the order.

1.1 The appeal is admitted and with consent of parties this appeal is taken up for final disposal.

2. The facts giving rise to this appeal are as under.

2.1 Vishal Plastomer Pvt. Ltd. respondent in the present matter and original petitioner (hereinafter to be referred to as “petitioner”) is a Private Limited Company incorporated and registered under the Companies Act 1956 having its registered office at Ahmedabad. The petitioner is