GETIT INFORMDIARY LIMITED Vs. PRINCIPAL GENERAL MANAGER TELECOMMUNICATIONS BHARAT SANCHAR NIGAM LIMITED COIMBATORE

JUDGEMENT

(1.) THE above application has been filed praying to grant an injunction restraining the respondent from invoking the (1) Bank Guarantee No. 27/2000 dated 26 -12 -2000. (2) Bank Guarantee No. 15/1998 -99, dated 4 -12 -1998, (3) Bank Guarantee No. 64/2000, dated 24 -1 -2000 and (4) Bank Guarantee No. 64/2001, dated 7 -1 -2002, pending adjudication of the dispute by arbitration.

(2.) IN the affidavit filed in support of the above application, the applicant would submit that the respondent issued an advertisement inviting bids for printing and publication of Telephone Directories with yellow pages for the Coimbatore Telecom District and pursuant to the tenders submitted by various parties, the contract was awarded to the applicant herein: that accordingly, an agreement was entered into on 3 -8 -1998 between the applicant (which was then known as M&N; Publications Limited) and . the respondent: that the contract was for compiling, printing, binding and supplying copies of Coimbatore Telecom District Main Telephone Directory, Numerical Supplementary Directory and Billing information for a total 5 consecutive annual issues commencing with the 1998 issue; that as per Clause 4 of the agreement, the number of copies was as follows : Year Requirement1998 2.4 Plus 20% lakhs1999 2.8 Plus 20% lakhs2000 3.3 Plus 20% lakhs2001 3.8 Plus 20% lakhs2002 4.5 Plus 20% lakhs

(3.) THE applicant would further submit that on 17 -6 -2003, the applicant made a request that the various disputes between the applicant and the respondent should be resolved by arbitration: that though over 7 months have passed, no Arbitrator has been appointed; that in the circumstances, the applicant has come forward to file O. P. No. .145 of 2003 under Section 11(4) of the Arbitration and Conciliation Act. 1996; that in the meanwhile, on the basis of the contract, the petitioner has furnished Bank Guarantees for Rs. 63 lakhs through Indian Bank M. G. Road, Bangalore; that 4 Bank Guarantees have been furnished and the details are given below : - - B. G. No. Amount Validity upto In favour of -27/2000 3,00,000 22 -01 -2004 Coimbatore Telecoms15/1998 -99 20,00,00 30 -06 -2003 Coimbatore Telecoms06/2000 37,00,000 22 -01 -2004 Coimbatore Telecoms64/2001 3,00,000 22 -01 -2004 Coimbatore Telecoms