TATA PROJECTS LIMITED Vs. CHHATTISGARH INFOTECH PROMITON SOCIETY

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226/227 of the Constitution of India and has prayed for following relief:-

(2.) The brief fact as reflected from record is that respondent No. 1/Chhattisgarh Infotech Promotion Society (CHIPS) issued Request for Proposal (RFP) inviting bids for the purpose of Selection of Master System Integrator (MSI) for BharatNet Phase-II Project in the State of Chhattisgarh. During existence of commercial contract, a dispute arose between the petitioner and respondent No. 1 (CHIPS), therefore, a writ petition bearing WPC No. 3351/2024 was filed by the petitioner wherein learned Single Bench of this Court vide order dtd. 2/7/2024 has granted interim protection in favour of petitioner restraining the respondents from encashing the performance bank guarantee of the petitioner. The said writ petition was disposed of by the learned Single Bench of this Court vide order dtd. 30/4/2025 by re-deligating the parties to approach the Commercial Court.

(3.) Thereafter, the petitioner moved an application under Sec. 9 of the Arbitration & Conciliation Act, 1996 (for short "the Act, 1996 ") wherein the Commercial Court vide order dtd. 3/5/2025 has ordered that as purely an interim measure, a status quo is maintained with regard to invocation of performance bank guarantee and also directed the respondents to file reply. After filing of reply by the respondents, the said application was disposed of by the Commercial Court vide order dtd. 6/5/2025 and vacated the status quo granted on 3/5/2025 with regard to invocation of performance bank guarantee. Thereafter, the proceeding for encashment of the bank guarantee has been initiated which has necessitated the petitioner to approach this Court.