AO/462/2022
2022 Latest Caselaw 4084 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.
                                   AND
                        SRI JUSTICE R.C. KHULBE, J.

20TH DECEMBER, 2022 A.O. No. 462 OF 2022 Between:

M/s Woodhill Infrastructure Ltd. .......Appellant. and State of Uttarakhand and others. ....Respondents

Counsel for the appellant : Mr. K.P. Upadhyay, learned Senior Counsel assisted by Mr. Prashant Joshi, learned counsel.

Counsel for the respondents : Mr. B.S. Parihar, learned Standing Counsel for the State of Uttarakhand.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

The present Appeal is preferred under Section 37

of the Arbitration and Conciliation Act, 1996 to assail the

order dated 05.12.2022 passed by the Commercial Court,

Dehradun in Arbitration Case No. 102 of 2022.

2. The appellant had preferred the said petition

under Section 9 of the Arbitration and Conciliation Act,

1996, on which the Commercial Court has issued notice to

the respondents, returnable on 09.01.2023. The

Commercial Court has, however, not granted an ex parte

stay of encashment of the Bank Guarantee in favour of the

appellant and, consequently, the appellant has preferred the

present Appeal. The petition preferred by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996

is still pending consideration, and has not been rejected.

3. In these circumstances, in our view, the case does

not fall within the scope of Section 37(1)(b) of the

Arbitration and Conciliation Act, which permits an appeal to

be preferred against an order "granting or refusing to grant

any measure under Section 9".

4. It goes without saying that in case the

Commercial Court eventually finds merit in the appellant's

case, it can issue directions for restoration of status quo

ante even if the Bank Guarantee is encashed in the

meantime.

5. The Appeal is, accordingly, dismissed in the

aforesaid terms.

6. Consequently, pending applications, if any, also

stand dismissed.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt: 20th December, 2022 Rathour