LAWS(DLH)-2017-11-360

SABARKANTHA ANNUITY PVT. LTD. Vs. NHAI & ORS.

Decided On November 15, 2017
Sabarkantha Annuity Pvt. Ltd. Appellant
V/S
Nhai And Ors. Respondents

JUDGEMENT

(1.) The petitioner has filed this petition under Section 9 of the Arbitration and Conciliation (Amendment) Act, 2015 with a prayer the respondents be restrained from acting upon the letter dated 15.09.2017 or from invoking the Bid securities of the petitioner to the tune of Rs. 10.93 Crores and also restraining the respondent Nos. 2 to 4 from honouring the invocation of said bank guarantees on behalf of respondent No. 1 acting in terms of letter dated 03.11.2007.

(2.) Admittedly, WP(C) No. 8327/2017 filed by the petitioner herein was disposed of on 23.10.2017 by the learned Single Judge of this Court whenever the petitioner had prayed as under:-

(3.) The said writ petition was though dismissed, but a liberty was granted to the petitioner to invoke the arbitration clause and seek alternative remedy including interim order under section 9 of the Arbitration and Conciliation Act, 1996. The petitioner did not avail such remedy and rather went in appeal against the order dated 23.10.2017 vide LPA No. 684/2017 which too was dismissed by the Division Bench of this Court vide order dated 03.11.2017.