High CourtsSingle Bench(2020) 05 CAL CK 0002

Damodar Valley Corporation vs Reliance Infrastructure Limited

Calcutta High Court · Decided on 12 May 2020

HON’BLE JUDGES
Subrata Talukdar, J
CASE NUMBER
General Application (GA) No. 811, 812 Of 2020, Arbitration Petition (AP) NO. 40 Of 2020

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Judgment

11 paragraphs · 180 words

Subrata Talukdar, J

The Court: Heard Mr. Banerjee, learned senior advocate appearing for the petitioner. The petitioner submits that connected to an arbitration award

inter se the petitioner and the respondents, an application under Section 34 of the Arbitration and Conciliation Act (as amended) is pending adjudication

at the instance of the petitioner.

The petitioner claims urgency on the ground that during pendency of the Section 34 application, the Bank Guarantees (B.Gs.), as given by the

respondents in favour the petitioner, are scheduled to expire. The primary prayer which the petitioner makes at this stage, is for a direction upon the

respondents to extend the bank guarantees.

Although the service upon the respondents is relied upon by the petitioner today, this Court permits fresh intimation of service upon the learned

advocates for the respondents that the matter will next appear for consideration before the appropriate Bench on the 15th of May, 2020.

Leave to complete the formalities of filing within forty eight hours of the lockdown period being lifted.

The parties to act on a server copy of this order.