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2023 Supreme(Raj) 178

VIJAY BISHNOI, MADAN GOPAL VYAS
Welspun Enterprises Limited – Appellant
Versus
Ravi Infrabuild Projects Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.S. Singhvi, Sr Advocate, Ms Mumtaz Bhalla, Mr Karan Chopra (All through VC)
For the Respondent:Mr V.Giri, Sr Advocate, Mr K.Goswami (All through VC)

JUDGMENT :

Vijay Bishnoi, J.

1. This appeal is filed by the appellant challenging the validity of the order dated 01.04.2022 passed by learned Commercial Court, Udaipur (hereinafter to be referred as ‘the trial court’) in Case No.3/2022, whereby while registering an application filed on behalf of the respondent under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as ‘the Act of 1996’), the trial court granted ad interim ex parte injunction prohibiting encashment of five bank guarantees, furnished by the respondent No.1, in favour of the appellant. The trial court also issued summons to the respondent No.2 and fixed next date i.e. 11.04.2022.

2. Brief facts, necessary for adjudication of the present appeal, are that the appellant is a company incorporated under the provisions of Companies Act, 1956 and involved in business of infrastructure development. A concession agreement was executed between National Highway Authority of India (for short ‘the NHAI’ hereinafter) and Mukarba Chowk Panipat Toll Roads Limited on 28.08.2015 for expanding the existing road from Mukarba Chowk, Delhi to Panipat, Haryana from six lanes to eight lanes. Subsequently, thro

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