Advocates:
['DEBENDRA KUMAR DWIBEDI', '', 'P BEHERA', 'A DAS', 'S DWIBEDI', 'S DAS', 'D SETHY']

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IN THE HIGH COURT OF ORISSA AT CUTTACK

ARBA No.19 of 2022

(Through hybrid mode)

M/S. Ashok Bricks Industries Pvt.

Ltd.

&.

Appellant

Mr. D.P.Nanda, Senior Advocate

Mr. Debendra Kumar Dwibedi, Advocate

-versus-

National Small Industries

Corporation Ltd. and another

&.

Respondents

CORAM: JUSTICE ARINDAM SINHA

Order No.

ORDER

29.04.2022

01.

1.

Mr. Nanda, learned senior advocate appears on behalf of

appellant and submits, impugned is order dated 31^st March, 2022

passed by the Court below in requesting to grant ad-interim measure

of restraining encashment against two bank guarantees aggregate Rs.2

crores, invoked by opposite party no.1 for payment by opposite party

no.2 (bank). He submits, by reason of consequences and setback due

to super cyclone 8Fani9 his client fell into default on facilities extended

by opposite party no.2. Said opposite party no.2 wrongfully declared

his client9s account be a nonperforming asset (NPA). Consequently,

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his client was unable to renew the bank guarantees, wherein the claim

period is up to 28^th June, 2022.

2.

He submits