dismissed an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996, against the rejection of an interim injunction application under Section 9 regarding an on-demand bank guarantee, holding the refusal to grant injunction was correct.
Appeal dismissed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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ARA11.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
ARBITRATION APPEAL NO. 11 OF 2013
Ajinkyatara Sahakari Sakhar Karkhana Ltd. ..... Appellant
VERSUS
Hindustan Coca Cola Beverages Pvt. Ltd. & Ors.
..... Respondents
Mr.Abhinandan B.Vegyani for the Appellant.
CORAM : R.D. DHANUKA, J.
DATED : 14th MARCH, 2013
P.C.
By this appeal filed under section 37 of the Arbitration and Conciliation Act,
1996, the appellant seeks to challenge the order dated 8th August, 2012 passed by the learned District Judge rejecting the application filed under section 9 of the Arbitration and Conciliation Act by which the appellant had sought an interim injunction against the Industrial Development Bank of India from making any payment under the invocation performance bank guarantee.
clear that the similar reliefs were claimed by the appellant even earlier which were
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rejected on merits by the Trial Court. Miscellaneous appeal as well as writ petition filed by the appellant were also dismissed. Even otherwise from the perusal of the terms of the bank guarantee, it is clear that the guarantee was on demand and unconditional bank guarantee and injunction has been rightly refused. There is no substance in the appeal. Appeal is therefore dismissed. No order as to costs.
[R.D. DHANUKA, J.]
1 issue framed by the court
Whether the High Court was justified in dismissing the appeal against the District Judge's order rejecting the application for interim injunction under Section 9 of the Arbitration and Conciliation Ac
2 provisions across 1 enactments
Ajinkyatara Sahakari Sakhar Karkhana Ltd.
Hindustan Coca Cola Beverages Pvt. Ltd.
R.D. Dhanuka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
