Adept Fluidyne Private Limited, Pune v. Hdfc Bank Limited, Pune And ANR.

27-COARA-1-2022 WITH IA-4232-2021 IN COARA-1-2022.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION IN ITS COMMERCIAL APPELLATE DIVISION COMM ARBITRATION APPEAL NO. 1 OF 2022 WITH INTERIM APPLICATION NO. 4232 OF 2021 IN COMM ARBITRATION APPEAL NO. 1 OF 2022 Adept Fluidyne Pvt Ltd, Pune ...Appellant

Versus

HDFC Bank Ltd, Pune & Anr

...Respondents

Mr TD Deshmukh, with Sagar Kursija, for the Appellant. Mr Suraj Dessai Almedia, with Hrishikesh More & Tarun Rebello, for the Respondents.

ASHWINI HULGOJI GAJAKOSH

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

5th July 2022 PC:- by ASHWINI HULGOJI GAJAKOSH Date: 2022.07.06 13:57:10 +0530 1.

The Appeal is directed against an order and judgment dated 22nd September 2021 of the District Judge-2, Pune declining to grant the Appellant relief under Section 9 of the Arbitration and Conciliation Act 1996. The Appellant sought a restraint against the Respondent from invoking an Advance Bank Guarantee dated 16th 5th July 2022

27-COARA-1-2022 WITH IA-4232-2021 IN COARA-1-2022.DOC March 2020, a copy of which is at pages 112 to 113 of the Appeal paper book.

2.

We are informed that after invocation, the bank guarantee has been encashed and the amount paid over to the Respondents. 3.

The Appeal is therefore infructuous. It will not be possible to reverse the factual position.

4.

We leave it to the Appellant to seek appropriate reliefs in arbitration including by way of an Interim Application under Section 17 of the Arbitration and Conciliation Act 1996. For the purposes of the arbitration and the Interim Application under Section 17, all contentions are expressly kept open.

5.

The Appeal is disposed of in these terms. No costs. (Madhav J. Jamdar, J) (G. S. Patel, J) 5th July 2022