JUDGMENT :

N.V.ANJARIA,J.

Heard learned advocate Mr.Mehul Shah with learned advocate Mr.Jenil Shah for the appellant and learned advocate Mr.Punit Juneja for the respondent.

2. The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is directed against judgment and order dated 24th September, 2021 passed by learned 12th Additional District Judge, Surat in Commercial Miscellaneous Application No.125 of 2021. The said application was under Section 9 of the Arbitration Act, 1996, which came to be rejected by the court below. It was further directed that the amount of bank guarantees lying before the said court shall be paid to respondent No.2 after due verification.

3. The appellant which is engaged in the business of water proofing work and related services, was provided with work orders by respondent No.2. They were different work orders dated 25th July, 2017, 09th September, 2017, 21st August, 2020 as well as the amended work orders. The aggregate sum of the work orders was Rs.02,67,00,000/-. The appellant had given bank guarantees towards the said work or