Bombay High Court
Abm Knowledgeware Limited vs Efkon India Private Limited on 30 March, 2026
2026:BHC-OS:7673
Megha 502_carbpl_11078_26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION (L) NO.11078 OF 2026
ABM Knowledgeware Limited ...Petitioner
V/s.
EFKON India Private Limited and Anr. ...Respondents
________________
Dr. Abhinav Chandrachud with Mr. Janay Jain, Mr. Yogesh Devnani and
Mr. Shreyas Shrivastava for the Petitioner.
Mr. Harsh V. Meghani for Respondent No.1.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 30 MARCH 2026.
P.C.:
1) Not on board. Upon being mentioned, taken on board.
2) This is a Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for seeking interim measures before commencement of arbitral proceedings. Petitioner essentially seeks the interim measures for restraining Respondent No.1 from invoking or encashing the performance Bank Guarantee.
3) Mr. Meghani, the learned counsel appearing for Respondent No.1, on instructions, submits that as of now Respondent No.1 does not have Page No.1 of 2 30 March 2026 Megha 502_carbpl_11078_26 any intention of invoking or encashing the performance Bank Guarantee.
He however, submits that performance Bank Guarantee is expiring on 31 March 2026 and the Petitioner be directed to renew the same for a period of three months.
4) Dr. Chandrachud, the learned counsel appearing for the Petitioner, on instructions fairly submits that the Petitioner is willing to extend performance Bank Guarantee by a period of three months.
5) In view of the consensus prevailing between the parties, nothing remains to be adjudicated in the Petition. Accordingly, the Petitioner shall renew performance Bank Guarantee by a period of three months. Statement made on behalf of Respondent No.1 that performance Bank Guarantee shall not be invoked or encashed is recorded and accepted.
6) All contentions of the parties on merits are kept open.
7) With the above observations, the Petition is disposed of.
[SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Page No.2 of 2 Designation: PA To Honourable Judge 30 March 2026 Date: 30/03/2026 19:44:29