AIROnline 2025 SC 334

Supreme Court Of India

(From : AIR 2025 (NOC) 55 (ORI))

Hon'ble Judge(s): J. B. Pardiwala, R. Mahadevan , JJ

Arbitration and Conciliation Act (26 of 1996) , S.9— Civil P.C. (5 of 1908) , O.39 R.3— Arbitration - Grant of interim relief by High Court - Challenge against - Order passed by High Court granting interim protection against invocation of bank guarantee until disposal of S.9 arbitration petition was merely an interim measure intended to protect interests of both parties - Pursuant to order passed by High Court, Arbitral Tribunal was constituted - In view of ongoing arbitration proceedings concerning bank guarantee, it was imperative to maintain existing position regarding bank guarantee until final outcome of S.9 arbitration petition - No prejudice was occasioned to appellants - Section 9 arbitration petition was ripe for arguments before Commercial Court - Parties were directed to advance all their contentions along with necessary documents and Commercial Court shall pass appropriate orders - Bank guarantee shall be kept alive and shall be subject to outcome of Section 9 arbitration petition AIR 1999 SC 3710-Relied on (Para 12 13 14 15) .....