JUDGMENT

(Prayer: This C.M.A. is preferred under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 against the order and decreetal order passed by the learned District Judge, Nilgiris, dated 26.04.2022 made in A.O.P.No.13 of 2022.)

Sunder Mohan, J.

1. Challenging the order of injunction restraining the appellant herein from encashing the bank guarantee executed in their favour by the first respondent herein, the appellant is before us.

2. The appellant and the first respondent entered into an agreement on 27.02.2019 and a work order was issued by the appellant to the respondent on 05.03.2019 for providing Sewer Network, constructing, erecting and commissioning of pumping etc., at Wellington Cantonment Board. The first respondent executed a bank guarantee drawn on the second respondent bank to the tune of Rs.2,51,28,677/- in favour of the appellant. Dispute arose between the parties since the appellant did not make payment in terms of the contract to the tune of Rs.8,54,11,548/-, as per the first respondent's version. The contract agreement contains an arbitration clause and the first respondent is taking steps to appoint an Arbitrator to decide the issue. In the mean time,