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2011 Supreme(Mad) 3107

R.BANUMATHI, V.PERIYA KARUPPIAH
Omni Agate Systems Private Limited, Chennai – Appellant
Versus
Southern Railway – Respondent


Advocates Appeared:
For the Appellant:Mr. S.R. Rajagopal, Advocate.
For the Respondents:R1, Mr. Vellaisamy Mr. Suresh, R2, M/s. Sivakumar Suresh, Advocates.

JUDGMENT :-

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























































































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