Koneru Constructions Pvt Ltd v. Integral Coach Factory
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2025
CORAM
THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE O.A.No.500 of 2025:- Koneru Constructions Pvt. Ltd.
Represented by its Director Mr.Koneru Subha Charan Plot No.145, 4th Road, RTC Colony Vijayawada, Andhra Pradesh. ... Applicant in all OAs Vs.
1.Integral Coach Factory Rep. by its Deputy Chief Engineer Lakshmipuram, Perambur Chennai-600038.
2.HDFC Bank Ltd.
Rep by its Branch Manager HDFC Bank House 40-5-4a, Tikkle Road Vijayawada, Andhra Pradesh. ...Respondents in all OAs PRAYER in OA 500/2025: Original Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(II)(d) of the Arbitration and Conciliation Act, 1996, praying to grant ad-interim injunction restraining the first respondent or its men or agents or servants or through anyone claiming through or under them from invoking and encashing the
Bank Guarantees bearing No.050GT02211160002 dated 26.04.2021, valid upto 30.06.2025 for a sum of Rs.23,74,000/- issued by the second respondent until disposal of the arbitration proceedings. PRAYER in OA 501/2025: Original Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(II)(d) of the Arbitration and Conciliation Act, 1996, praying to grant ad-interim injunction restraining the first respondent or its men or agents or servants or through anyone claiming through or under them from invoking and encashing the Bank Guarantees bearing No.050GT02211130001 dated 23.04.2021, valid upto 30.06.2025 for a sum of Rs.24,23,000/- issued by the second respondent until disposal of the arbitration proceedings.
PRAYER in OA 502/2025: Original Application filed under Order XIV Rule 8 Original Side Rules read with Section 9(II)(d) of the Arbitration and Conciliation Act, 1996, praying to grant ad-interim injunction restraining the first respondent or its men or agents or servants or through anyone claiming through or under them from invoking and encashing the Bank Guarantees bearing No.050GT02211190001 dated 29.04.2021 valid upto 31.05.2028 for a sum of Rs.40,92,000/- issued by the second respondent until disposal of the arbitration proceedings.
Bank Guarantees bearing No.050GT02211190002 dated 29.04.2021 valid upto 31.05.2028 for a sum of Rs.41,13,000/- issued by the second respondent until disposal of the arbitration proceedings. For Applicant : Mr.P.J.Sriganesh (in all OAs) For Respondents: Mr.S.S.Meena Kumari, SPC (R1) (in all OAs) Mr.N.Ravishankar Vallatharasu (R2) (in all OAs) C O M M O N O R D E R The applicant is having the benefit of an interim order in these applications since 30.04.2025. In the said order, this Court had granted an order of interim injunction restraining the respondents from invoking the Bank Guarantees, which are the subject matter of these applications.
2. Both counsels would submit that arbitral tribunal has already been constituted.
3. The learned counsel for the applicant would also submit that a similar relief has also been sought for before the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996. Therefore, he would submit that the interim injunction granted in these original applications on 30.04.2025 by this Court shall stand extended till the disposal of Section 17 applications filed by the applicant before the
arbitratral tribunal seeking for the very same relief.
5. Since the arbitral tribunal has already been constituted and the applications have already been filed under Section 17 of the Arbitration and Conciliation Act, 1996 seeking for the very same relief, this Court deems it fit to extend the interim order granted by this Court on 30.04.2025 in these applications till the disposal of the Section 17 applications filed by the applicant before the arbitral tribunal.
6. With the aforesaid directions, these applications are disposed of. No costs.
17.07.2025 Index: Yes/ No Speaking order / Non speaking order Maya
ABDUL QUDDHOSE, J.
Maya Dated : 17.07.2025