M/S. Gsco Infrastructure Pvt. Ltd., Chandigarh v. Mahanadi Coalfields Ltd., Sambalpur

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.22333 of 2022 (Through hybrid mode) M/S. GSCO Infrastructure Pvt.

Ltd., Chandigarh ....

Petitioner Mr. A. Patnaik, Advocate -versusMahanadi Coalfields Ltd., Sambalpur and others ....

Opposite Parties CORAM: JUSTICE ARINDAM SINHA

ORDER

05.09.2022 Order No.

01.

1.

Mr. Patnaik, learned advocate, appears on behalf of petitioner and submits, two bank guarantees have been furnished by his client in relation to execution of the contract. On disputes arisen there was arbitration reference and award dated 25th October, 2021. Inter alia, there was award for return of the bank guarantees. Respondent in the reference (opposite party) obtained interim measure, requiring his client to extend the bank guarantees. His client had appealed and by order dated 7th March, 2022 (ARBA no.2 of 2022), impugned order of interim measure was set aside. Hence, his client is seeking relief of return of the bank guarantees, lapsed in the meantime. 2.

Petitioner's relief is to be found in execution proceeding. Mr. Patnaik submits, his client be given liberty to make representation to the authority for return of the bank guarantees.

3.

Petitioner has liberty to move the authority for return of the bank guarantees.

4.

The writ petition is disposed of.

(Arindam Sinha) Judge Prasant