(1.) "Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win."
(2.) This appeal under Sec. 37 of the Arbitration and Conciliation Act , 1996 (for short, "the Act, 1996") read with Sec. 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short, "the Act, 2015") is directed against the order passed by a learned Single Judge of this Court dtd. 27/11/2020 in the Civil Application No.4 of 2020 filed in the Commercial Arbitration Petition No.9 of 2020; by which the appellant came to be restrained from proceeding further with the suit instituted by it before the Supreme Court of the State of New York against the respondent No.1 herein namely Indian Overseas Bank.
(3.) The facts giving rise to this appeal may be summarized as under: