Viraj Projects (India) Pvt. Ltd., Pune v. Jamshedpur Utilities and Services Company Limited, Jamshedpur

CORAM: HON’BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner For the Resp. Nos. 2 & 3 : Mr. Anil Kumar Sinha, Sr. Advocate Mr. Rahul Kumar Gupta, Advocate : Mr. P.A.S.Pati, Advocate ---- 02/04.02.2022 The present case is taken up through video conferencing. At the request of the learned senior counsel for the petitioner, the defects, as pointed out by the office, are ignored. The present writ petition has been filed seeking protective relief from this Court i.e. for injuncting and prohibiting the respondent no. 1 from encashing the bank guarantee of Rs.3,42,21,346/- (as extended from time- to-time) as well as restraining the respondent nos. 2, 3 and 4 from releasing the payment in favour of the respondent no. 1 and also from alienating, selling, auctioning, or creating any third party right on machineries and the equipments (list of which has been annexed as Annexure-21 to the writ petition). Learned senior counsel for the petitioner submits that the present writ petition was filed primarily for the reason that an application under Section 9 of the Arbitration and Conciliation Act, 1996 was filed in the court of District Judge-I-cum-Special Judge, Commercial Court at Jamshedpur being Arbitration Case (Commercial) No. 02 of 2022, however despite urgency involved in the matter, the said court simply adjourned the matter due to Covid-19 pandemic. It is however submitted by the learned senior counsel for the petitioner that on making urgent mentioning of the case, the date of hearing of the said case was preponed and was taken up yesterday i.e.