Adarsha Noble Corporation ... vs Indian Oil Corporation Limited ...
2022 Latest Caselaw 2364 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              ARBA No.18 of 2022
                             (Through Hybrid mode)

            Adarsha Noble Corporation Limited ....                  Appellant

                                            Mr. J. K. Mohapatra, Advocate

                                       -versus-
            Indian Oil Corporation Limited and ....              Respondents
            others

                     CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

Order No.                             25.04.2022

 01.         1.    Mr. Mohapatra, learned advocate appears on behalf of

appellant and submits, impugned is order/judgment dated 18th April, 2022, by which the Court below did not admit his client's petition for interim measure made under section 9 in Arbitration and Conciliation Act, 1996. He submits, it is a fact the contract was terminated on 13th December, 2018. However, the Court below did not appreciate that by, inter alia, letter dated 23rd March, 2022 the oil company had requested his client to extend the bank guarantee till 30th August, 2022 as the claim period is up to that date, to avoid encashment of the bank guarantee.

2. It appears from said letter dated 23rd March, 2022, the bank guarantee stood expired on 30th August, 2021.

// 2 //

3. Issue notice along with this order on respondents by registered/speed post with AD. Appellant will put in requisites.

4. List on 16th May, 2022. The interim application will be considered on adjourned date.

(Arindam Sinha) Judge RKS