BARMINCO INDIAN UNDERGROUND MINING SERVICES LLP Vs. HINDUSTAN ZINC LIMITED

JUDGEMENT

(1.) Present application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act of 1996") has been preferred by the applicant inter-alia praying that the respondent be restrained from invoking or encashing bank guarantee of rupees five crores, which it had furnished pursuant to contract No.5100024963, executed with the respondent on 11.03.2019.

(2.) While issuing pre-admission notice on 14.5.2020, a Coordinate Bench of this Court passed an interim order and restrained the respondent from invoking above referred bank guarantee of rupees five crores.

(3.) A preliminary reply has been filed by the respondent Company whereby objection about maintainability of the present application before the High Court and following ancillary issues have been raised: