R.BANUMATHI, V.PERIYA KARUPPIAH
Omni Agate Systems Private Limited, Chennai – Appellant
Versus
Southern Railway – Respondent
R. Banumalthi, J.
These appeals are filed challenging the order dated 15.11.2010 dismissing the applications - O.A.Nos.653 and 657 of 2010 filed under Section 9 of the Arbitration and Conciliation Act and declining to grant injunction restraining the 1st respondent - Southern Railway from invoking the Bank guarantee given by the appellant for Rs.6,00,000/- and Rs.2,77,200/- respectively.
2. Brief facts are as follows:-
The 1st respondent -Southern Railways had invited tenders for erection of 3 LED screens in Chennai Central Railway Station and 2 LED screens in Egmore Railway Station for a period of three years and the place of installation was notified. Appellant was declared as a successful tenderer and awarded the contract for three years - 2008-2011 on payment of licence fee. The licence fee, security deposit and performance guarantee required to be furnished for the works at Chennai Central and Egmore are as follows:
Name of the Place Licence fee Security Deposit Performance
Guarantee
Chennai Central Railway Rs.40,00,000/- per annum
Rs.6,00,000/- Rs.6,00,000/-
Station payable in 3 Instalments
Rs.18,48,000/- per annum
Name of the Place Licence fee Security Deposit
2. Vinitec Electronics Private Limited V HCL Infosystems Ltd. ((2008) 1 SCC 544)
4. Hindustan Steelworks Construction Ltd. V Tarapore & Co. & anr. (1996) 5 SCC 450
3. Dai-Ichi Karkaria Private Limited, Bombay V Oil And Natural Gas Commission
6. Himadri Chemicals Industries Ltd. V Coal Tar Refining Co. ((2007) 8 SCC 110)
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