HOUSING DEVELOPMENT AND INFRASTRUCTURE LIMITED Vs. MUMBAI INTERNATIONAL AIRPORT PRIVATE LIMITED AND OTHERS

JUDGEMENT

(1.) Mentioned. Not on board, taken on board.

(2.) The Petitioner has filed the above Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996, inter alia, for an order and injunction restraining the Respondent No.1 from invoking or encashing or receiving payments under the Bank Guarantee No.3023/4018/152/0708 read with Extension Bank Guarantee No.3023/4018/229/0910 dated 11 th May 2012 or further extended bank guarantees as may be furnished to the Respondent No.1 from time to time. The Petitioner has also sought an order and injunction against the Respondent No.2 bank from making payment or otherwise causing payment to be made under the said Bank Guarantees.

(3.) An application for urgent orders was made before this Court today at 11.00 a.m. by the learned Senior Advocate appearing for the Petitioner without giving notice to the Respondents. However, the Respondent No.1 appeared through their Advocates and informed the Court that a copy of the petition should be served on them, and necessary orders be passed only after giving them a hearing in the matter. The matter was therefore kept at 3.00 p.m. and it was ordered that in the meantime, the Respondent No.2 Bank shall not act on the letter received from Respondent No.1 dated 27 th November 2012. The matter was taken up at around 5.00 p.m., and it was decided by consent that the arbitration petition be decided finally. In view thereof, the Respondents have not filed any AffidavitsinReply and are allowed to proceed in the matter on the basis of denials.