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2015 Supreme(Mad) 2839

K.RAVICHANDRABAABU
Gammon -OJSC Mosmetrostroy JV, represented by its Authorised Signatory – Appellant
Versus
Chennai Metro Rail Limited represented by tis Chief General Manager (Construction) – Respondent


Advocates:
Advocate Appeared:
For Appellant : Mr.P.S.Raman, Senior Counsel, Mr.T.R.Rajagopalan, Senior Counsel, Mr.Sathish Parasaran for M/s.P.J.Rishikesh, M/s.Sanjay Ramaswami
For Respondents: Mr.R.Thiyagarajan, Senior Counsel for Jayesh B.Dolia, Mr.A.L.Somayaji, Senior Counsel for Mr.Abdul Saleem, M/s.Shivakumar & Suresh for ICICI Bank.

ORDER :

O.A.Nos.731, 732 and 734 of 2015 are filed to pass an order of interim injunction restraining the Chennai Metro Rail Limited from invoking or negotiating or receiving any amounts under the Bank guarantee referred to in the respective applications from the respective second respondent Bank, pending disposal of the arbitration proceedings.

2. Application Nos.4685 & 4686 of 2015 are filed to stay the operation of the order of termination dated 13.07.2015 passed by the Chennai Metro Rail Limited/Employer with respect to the contract agreement dated 18.03.2011 pertaining to Contract UAA-02 and Contract UAA-03 respectively until disposal of arbitral proceedings.

3. The applicant in all these applications are one and the same viz., M/s. GAMMON-OJSC Mosmetrostroy JV. Since the issues involved in all these applications are common, the facts and circumstances as narrated in all these applications are also common, they are extracted hereunder as follows:

3(i). The Chennai Metro Rail Limited (h

















































































































































































































































































































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