JUDGMENT :

1. Heard Mr. Unmesh Shukla, learned Senior Advocate appearing for Thakkar and Pahwa Advocates for the appellant and Mr. Shalin Mehta, learned Senior Advocate assisted by learned advocates Mr. Sauin A. Mehta and Mr. Krishal H. Patel for the defendant.

2. The present First Appeal impugns the judgment and order dated 27.10.2023 passed by the learned Commercial Court at City Civil Court, Ahmedabad in Commercial Civil Misc. Application No.171 of 2023 whereby the learned Court has allowed the application under Section 9 of the Arbitration and Conciliation Act, 1996 [“Act of 1996” for short] and directed the appellant to furnish a bank guarantee of Rs.29,61,159/-.

3. The brief facts of the case are that the appellant herein was awarded a contract by the National Highway Authority of India [“NHAI” for short] for ‘augmenting existing road from 180.478 km to 221.610 (design chainage from 181.450 km to 222.400km) on the Una to Kodinar National Highway No.8E in Gujarat by four laning’. The total project cost was Rs.40.95 crores. The appellant further subcontracted the said work to the respondent company vide Work Order bearing No.SEL/SBHPL/FY17-18/WO/03841 dated 10.2.2018. The responde