M/S Vishal Builtech ( India) Pvt. Ltd v. The East Central Railway (Construction Department)
Case at a glance
Outcome
Disposed of
In the circumstances, this writ application is disposed of
Provisions considered
Judgment
Operative part
Patna High Court CWJC No.14475 of 2012 (3) dt.23-08-2012 till award is passed by the Arbitrator, respondents may be restrained from encashing the bank guarantee of the petitioner. Learned senior counsel for the Railways opposes this prayer and submits that since this writ application is not being entertained on merits, this Court should not pass an interim order restraining the respondents from encashing the bank guarantee. After hearing learned counsel for the parties, this Court considers the submission of learned senior counsel for the petitioner as reasonable. In the circumstances, this writ application is disposed of with liberty to the petitioner to approach the Arbitrator, in terms of the aforesaid Clause 63 of the General Conditions of Contract i.e. the General Manager, as early as possible, who shall conclude the arbitration proceeding and pass its award positively within the time limit fixed in the G.C.C. Till then this Court restrains the respondents from encashing the bank guarantee of petitioner subject to the conditions that petitioner will renew the bank guarantee well in advance before its expiry and shall cooperate in the arbitration proceeding till award is passed. B.T/- (Jayanandan Singh, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the circumstances, this writ application is disposed of
Which statutory provisions did this judgment involve?
Companies Act, 2013.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.