JUDGEMENT

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) The present appeal under Section 37 of the Arbitration and Conciliation Act , 1996 read with Section 10(2) of the Commercial Courts Act , 2015, is directed against order dated 27.10.2021 below Exhibit 37 in Commercial Civil Miscellaneous Application No.445 of 2021 passed by learned Judge Commercial Court, City Civil Court, Ahmedabad, whereby Court allowed the application filed by respondent herein and restrained the appellant from encashing the bank guarantee till the third adjournment in the arbitral proceedings.

2. Learned counsels for the parties stated at the conclusion of the hearing that they argued the appeal finally. The parties through their respective advocates relied on paper book containing the relevant documents which were on record of the court below and that they were ad-idem in respect of contents of such documents.

3. Application seeking interim measures came to be filed under Section 9 of the Arbitration and Conciliation Act , 1996 (hereinafter mentioned as ‘the Arbitration Act’) by the applicant- (respondent herein - Godrej Industries Limited – the parties are hereinafter referred to as per their original sta