BHADRESHWAR VIDYUT PRIVATE LIMITED Vs. GODREJ INDUSTRIES LIMITED

JUDGEMENT

(1.) The present appeal under Sec. 37 of the Arbitration and Conciliation Act , 1996 read with Sec. 10(2) of the Commercial Courts Act, 2015, is directed against order dtd. 27/10/2021 below Exhibit 37 in Commercial Civil Miscellaneous Application No.445 of 2021 passed by learned Judge Commercial Court, City Civil Court, Ahmedabad, whereby Court allowed the application filed by respondent herein and restrained the appellant from encashing the bank guarantee till the third adjournment in the arbitral proceedings.

(2.) Learned counsels for the parties stated at the conclusion of the hearing that they argued the appeal finally. The parties through their respective advocates relied on paper book containing the relevant documents which were on record of the court below and that they were ad-idem in respect of contents of such documents.

(3.) Application seeking interim measures came to be filed under Sec. 9 of the Arbitration and Conciliation Act , 1996 (hereinafter mentioned as 'the Arbitration Act ') by the applicant- (respondent herein - Godrej Industries Limited - the parties are hereinafter referred to as per their original status as 'the applicant' and 'respondent' respectively) stating that it was desirous of procuring supply 3.8 MW RTC Power for its unit located at Village Kanerao, Taluka Valia, Bharuch, from respondent No.1 - the appellant herein, who was engaged in the business of generation, transmission and distribution of electricity, and who has its 2x150 MW thermal power plant located at Bhadreshwar, Mundra- Kachchh. The supply was agreed on the basis of Long Term Open Access for period of twelve years and one month. Initially Memorandum of Understanding dtd. 16/2/2016 and thereafter power supply agreement dtd. 30/3/2016 were executed.