TATA PROJECT LIMITED Vs. OFFSHORE INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) CHALLENGE , under this Civil Miscellaneous Appeal, is to the order, dated 23 -09 -2013, in O.P. No.2236 of 2012 on the file of learned III Additional Chief Judge, City Civil Court, Hyderabad, whereby and where under the requests of respondent No.1 herein made under Section 9 of the Arbitration and Conciliation Act, 1996 (for short the Act) for perpetual injunction restraining the appellant herein from invoking/receiving any amount under the Bank Guarantees dated 28 -03 -2012 issued by the respondent No.2 herein Axix Bank Limited, for Rs.1,96,97,066/ - and another bank guarantee of the same date for Rs.1,96,97,066/ -, or to restrain respondent No.2 herein from making any payment in respect of the said bank guarantees and further perpetual injunction restraining the appellant herein from preventing respondent No.1 herein and its officials from removing their machinery, which details were mentioned in the Schedule annexed to the petition, from the work site at Raigarh, Chhattisgarh State were acceded to by the Court below.

(2.) FOR the sake of convenience, we refer to the parties as arrayed in O.P. filed before the lower Court.

(3.) THE facts that are relevant for the purpose of disposal of the instant civil miscellaneous appeal are as under: