M/S Garg Sons Estate vs State Of Himachal Pradesh & Another on 6 December, 2022

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Himachal Pradesh High Court

M/S Garg Sons Estate vs State Of Himachal Pradesh & Another on 6 December, 2022

Bench: Ajay Mohan Goel

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     Arb. Case No.144 of 2021
                                                     Decided on: 06.12.2022




                                                                           .

    M/s Garg Sons Estate
    Promoters Pvt. Ltd.                                       ....Petitioner.





                      Versus
    State of Himachal Pradesh & another                       .... Respondents.

    Coram





    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1
    For the petitioner               :       Mr. Suneet Goel, Advocate.

    For the Respondents               :      M/s Sumesh Raj, Dinesh Thakur,

                                             Additional Advocates General, with
                                             Mr. Amit   Kumar Dhumal, Deputy
                                             Advocate   General.

    Ajay Mohan Goel, Judge (Oral)

By way of this petition, filed under Section 9 of the Arbitration & Conciliation Act, 1996, the petitioner has prayed for the following relief: "It is, therefore, respectfully prayed that the present petition may kindly be allowed and during the pendency of the present petition interim directions may kindly be passed against the respondents from invoking performance bank guarantee of amounting to Rs.9,10,003/ and the bank guarantees amounting to Rs.5,00,000/, which is valid upto 26.10.2019. Bank guarantee amounting to Rs.8,00,000/ valid upto 13.11.2019. Bank guarantee amounting to 1 Whether reporters of the local papers may be allowed to see the judgment?

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Rs.9,76,000/ valid upto 14.11.2019 and bank guarantee amounting to Rs.6,88,000/ valid upto 26.10.2019, in the interest of justice."

2. On 21.12.2021, the following order was passed by the Court: "Notice. Mr. Adarsh Sharma, Additional Advocate General, accepts notice on behalf of the respondents. As prayed for, list on 11.04.2022. In the meanwhile, reply be filed.

Till next date of hearing, the bank guarantee amounting to Rs.5,00,000/, which as per the petitioner is valid upto 25.01.2022, bank guarantee amounting to Rs.8,00,000/, valid upto 13.02.2022, bank guarantee amount to Rs.9,76,000/, valid upto 13.02.2022, bank guarantee amounting to Rs.6,88,000/, valid upto 25.01.2022, shall not be invoked by the respondents. It is clarified that the bank guarantees shall be duly renewed by the petitioner, failing which interim protection granted in favour of the petitioner shall cease to operate. Liberty is also given to the respondents to approach the Court for modification of the order if so advised.

Copy dasti."

3. Order dated 21.12.2021 was further modified in terms of order dated 03.01.2022, which reads as under:

" OMP No.03 of 2022

By way of this application, filed under Order 6, Rule 17 read with Section 151 of the Code of Civil ::: Downloaded on - 08/12/2022 20:31:41 :::CIS 3 Procedure, a prayer has been made for amendment in the prayer clause of the main petition, inter alia, on the ground that reference of one performance bank .

guarantee of Rs.9,10,003/ was inadvertently omitted from the prayer clause and it will be in the interest of justice in case this application is allowed by permitting the applicant to add performance bank guarantee amounting Rs.9,10,003/ in line number 4 of the prayer clause.

Notice. Mr. Sumesh Raj, learned Additional Advocate General accepts notice on behalf of the non applicants.No reply is intended to be filed to the application.

Having heard learned counsel for the applicant and having perused the averments made in the application, as this Court is of the considered view that the prayer made in the application does not alters the nature of the main petition, the same is allowed, as prayed for and the proposed amendment in the prayer clause is permitted to be incorporated. Amended petition is ordered to be taken on record. Application stands disposed of.

OMP No.05 of 2022

In continuation of order dated 21.12.2021, it is observed that in addition to the bank guarantees referred to in the abovementioned order, the performance bank guarantee amounting to Rs.9,10,003/shallalso not be invoked by the respondents, subject to renewal of the same by the petitioner/applicant from time to time"

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4. Today, the Court stands intimated that an Arbitrator stands appointed for adjudicating the dispute between the parties.

5. In this view of the matter, these proceedings are closed in the following terms: The interim protection which has been granted to the petitioner will continue either for a period of four weeks as from the date learned Arbitrator enters into reference or till appropriate order is passed upon the application, if any filed under Section 17 of the Arbitration & Conciliation Act. In the event of any such application being filed, learned Arbitrator shall ensure that the same is disposed of as expeditiously as possible and not later than four weeks as from the date when he enters upon the reference.

6. It is made clear that learned Arbitrator shall not be influenced in any manner whatsoever by the interim direction which has been passed by this Court and application, if any, preferred by the claimant for interim direction, be decided on its own merit. After adjudication of the application, the proceedings will be governed by such direction as may be passed by learned Arbitrator thereupon. Pending miscellaneous applications, if any, stand disposed of.

(Ajay Mohan Goel) Judge December 06, 2022 (Rishi) ::: Downloaded on - 08/12/2022 20:31:41 :::CIS

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