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2021 Supreme(Megh) 19

W. DIENGDOH, H. S. THANGKHIEW
National Thermal Power Corporation – Appellant
Versus
Meghalaya Power Distribution Limited (NTPC) Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. V.K. Jindal, Mr. S. Jindal.
For the Respondents: Mr. A. Kumar, Mr. S. Sen, Mr. S. Sengupta, Mr. A.H. Kharwanlang, Mr. C. Joshi, Mr. S. Sahay, Mr. A. Shankar Pandey.

ORDER :

1. Matter taken up via Video Conferencing.

2. The present appeal has been preferred by the appellant (NTPC) under Section 37 (1)(b) of the Arbitration and Conciliation Act, 1996 as amended, read with Section 13 (1A) of the Commercial Courts Act, 2015 against the order dated 11.05.2021 passed by the Judge, Commercial Court, East Khasi Hills District, Shillong in Commercial Misc. Case No. 8 of 2021 filed in Commercial (Arbn.) Case No. 2 of 2021.

3. The impugned order came to be passed on an application under Order 39 Rule, 4 CPC, filed by the appellant for vacation of the ex-parte ad-interim order dated 22.04.2021, on an application under Section 9 of the Arbitration and Conciliation Act, 1996 in Arbitration Case No. 2 of 2021 which was filed by the respondent. By way of the interim order, the learned Commercial Court directed for maintenance of status quo regarding the encashment of Letter of Credit that had been opened in favour of the appellant by the respondent.

4. The appellant before the learned Commercial Court, Shillong in the application for vacation of the interim order, had raised the issue of jurisdiction and that a dispute between the appellant, a generating company

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