AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
12 paragraphs · 209 wordsArindam Sinha, J
Mr. Patnaik, learned advocate appears on behalf of appellant and submits, order dated 9th December, 2021 passed by Sessions Judge, Sundargarh
purportedly under section 9 of Arbitration and Conciliation Act, 1986 is wholly without jurisdiction. There was direction upon his client to revalidate the
bank guarantees up to 9th December, 2022. He submits, there has been award passed directing respondents to return, inter alia, the bank guarantees.
The order, apart from having been made by the Court lacking territorial jurisdiction, also was made ex parte. In effect, by impugned order there has
been stay of operation of the award. This procedure is not permissible in law. He presses for order on the interim application.
It appears from impugned order that there was direction for restraint on invoking the bank guarantees till 9th December, 2022. At present the bank
guarantees stand extended till 9th and 11th March, 2022. As such, the guarantees cannot be invoked during the period of validity per direction in
impugned order. It is, therefore, not necessary to pass further order on the interim application. It is disposed of.
Issue notice along with copy of this order on respondents. Appellant will put in requisites.
List on 15th February, 2022.
..............................................