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THE HIGH COURT OF KARNATAKA
MR. VIBHU BAKHRU, CJ, MR. C.M. POONACHA, J
M/S. M.V. CONSTRUCTIONS – Appellant
Versus
THE GENERAL MANAGER SOUTH WESTERN RAILWAY – Respondent
| Table of Content |
|---|
| 1. appeal under arbitration act against bank guarantee invocation. (Para 1 , 2) |
| 2. details of construction contract and disputes regarding execution. (Para 3 , 4 , 5 , 6 , 9) |
| 3. invocation of bank guarantees stated as irretrievable unless exceptional failures are proven. (Para 14 , 15 , 16 , 18 , 20 , 22) |
| 4. conclusion on appeal dismissal. (Para 25 , 26) |
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal under Section 37 (1)(b) of the Arbitration and Reconciliation Act, 1996 [A&C Act], impugning the order dated 23.01.2026 [impugned order], passed by the learned LXXXII Addl. City Civil and Sessions Judge, Bengaluru [Commercial Court] in Com. A.A.No.284/2025, captioned ‘M/s. M.V. Constructions v. The General Manager, Southern Western Railway and others’. The appellant had filed the said petition under Section 9 of the A&C Act, inter alia, praying that the invocation of the bank guarantee [BG] bearing No.80501GP251088363 for a sum of Rs. 47,68,800/-, be interdicted, till final disposal of the above case.
2. A plain reading of the impugned order indicates that the learned Commercial Court found no grounds to restrain the
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