CHHATTISGARH HIGH COURT
Unknown, J
ARSS - SIPS (JV) – Appellant
Versus
South East Central Railway – Respondent
| Table of Content |
|---|
| 1. facts and background of the case. (Para 1 , 2 , 3) |
| 2. arguments by appellants and respondents. (Para 4 , 6 , 7) |
| 3. court's analysis on jurisdiction and procedural issues. (Para 5 , 8 , 9 , 10 , 11) |
| 4. judicial interpretation of s.9(3) of the ac act. (Para 12 , 14 , 15) |
| 5. principles governing bank guarantees and exceptions to enforcement. (Para 16 , 18 , 19 , 22 , 23) |
| 6. final ruling and dismissal of appeal. (Para 35 , 44) |
1. Invoking the appellate jurisdiction of this Court under S.37 of the Arbitration and Conciliation Act, 1996 (for short, the AC Act - ), the appellants herein have called in question the impugned order dated 4 - 7-2020 passed by the learned Judge, Commercial Court (District Level), Nava Raipur, Atal Nagar, District Raipur, whereby the learned Commercial Court has rejected the application filed by the appellants herein seeking interim injunction under S.9(1) of the AC Act finding no merit and refused to restrain the respondents herein from encashing the performance bank guarantee (PBG) to the extent of Rs. 6,77,26,553/-.
2. Respondent No.2 South East Central Railway issued a notice inviting tender for work in Lajkura - Raigarh Section for constructi
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