DATANG TECHNOLOGIES Vs. SARJAN CONSTRUCTION

JUDGEMENT

(1.) The appellant is before this Court with this appeal under Sec. 37(1) of the Arbitration and Conciliation Act, 1996 read with Sec. 13 of the Commercial Court Act against the order dtd. 3/9/2021 passed by the learned Additional District Judge, Rajula in Civil Misc. Application No. 08 of 2021 whereby the Court allowed the application of the respondent no.1 under Sec. 9 of the Arbitration and Conciliation Act, 1996 for stay on invocation of performance bank guarantee till finalization of the public works under the contract.

(2.) The grievance on the part of the appellant is that the contract between the parties stood terminated and yet the direction had been issued by the Court to complete the public work as agreed in the contract. The facts leading to the present appeal are as follows:-

(3.) The appellant also moved Civil Application No. 01 of 2021 for stay of the impugner order dtd. 3/9/2021 passed by the Additional District Judge, Rajula in Civil Misc. Application No. 08 of 2021. Reply to the same has been filed by the respondent no.1 denying all allegations and contentions raised in the application.